Cassation Court, by delivering the judgement no. 40901 on 18th October 2012, convicted a sole administrator for fraudulent bankruptcy and stated among its reasons, the fact that he did not promptly act to recover sums, considering that recovery is a precise duty of administrator.

The judgement underlines both liability and diligence that each entrepreneur shall have towards the company, but also towards external third parties.  In fact, the Cassation underlined that such behaviours had a negative impact on the company’s performance especially during that period of its severe economic crisis, stating that due to: “A negative impact on the company’s performance due to a lack of timely collection of receivables that the appellant complaints
since they were recorded, especially during a period of severe economic difficulty attested by its judicial proceedings, including winding-up proceedings initiated by creditors against the (X) limited liability company.