Debts of the Seized Company: the United Sections Exclude Automatic State Liability

1. The fact

   The case stems from the supply of building materials exceeding 320,000 euros to a company operating in the olive oil sector that had long been under anti-mafia seizure. The purchase orders were signed by the judicial administrator to continue business operations. Upon final confiscation, the supplier found it impossible to recover its credit from the company's assets, which had been depleted. According to Fiscal Focus, the creditor then sued the Ministry of Economy and Finance, arguing that the State, having assumed management through its auxiliary, was liable for the incurred debts. While the Court of Catania had denied such liability, the Court of Appeal ordered the Ministry to pay, bringing the issue before the United Sections of the Supreme Court.

2. 

   The rules at play

   The core of the dispute concerns Legislative Decree 159/2011 (Anti-Mafia Code) and the previous Law 575/1965, which govern the management of seized assets. The Court reconstructed the issue in light of Article 2043 of the Civil Code and procedural rules on the role of the custodian and judicial administrator (Art. 67 c.p.c.), as well as procedural standing (Art. 378 c.p.c.). The function of the seizure is to remove the asset from organized crime, not to extinguish the legal entity: the seized company remains a distinct center of legal relationships from the State. Therefore, the administrator acts as the legal representative of the company (acting in the latter's name) and not as a ministerial body, unless specific procedures for the advance of public funds are involved.

3. What case law says

   Case law from the court of legitimacy has fluctuated between a restrictive orientation, denying any treasury involvement for business debts, and a broader interpretation based on the risk assumed by the State during management. In their latest ruling, the United Sections clarified the criterion of the administrator's dual capacity. It was established that State liability is excluded when management activity aims at the ordinary continuation of the business, as the legal effects of such acts fall solely on the seized company's assets. Conversely, the Ministry can be held liable only if the debt arises from a judicial order expressly authorizing the use of public resources or state advances, in which case the administrator acts as an auxiliary to the judge.

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8. What it teaches professionals

   1. Verification of powers: before supplying goods or services to seized companies, it is essential to examine the appointment order and verify whether the act is executed in the name of the company or as an auxiliary to the judge.
   2. Request for guarantees: attorneys should advise suppliers to require specific judicial authorizations for paying extraordinary supplies through public funds.
   3. Solvency monitoring: public management does not guarantee corporate solvency; therefore, it is necessary to monitor the financial standing of the seized company just like any other commercial counterparty.

References: D.Lgs. 159/2011Art. 2043 Codice CivileArt. 67 c.p.c.Art. 378 c.p.c.Legge 575/1965

Editorial oversight: Avv. Federico Papa·ICAMUpdated 16 October 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction