DLP Insights

Sales representative: seizure just for a fifth

Categories: DLP Insights, Case Law

20 Jan 2012
The compensation of the sales representative shall be seized up to the fifth. Court of Cassation, acknowledging the so called “par condicio” between public and private sector after the last legislative reforms, with the sentence no. 685 of January 18th, 2012, rejected the appeal triggered by creditors of a sales representative who claimed a seizure superior to a fifth of the sales representative compensation. For the Supreme Court, “the amendments brought by the Law no. 311/2004 and no. 80/2005 to the Decree of the President of Republic no. 180/1950 (which approved the so called “Testo Unico” on the laws regarding the seizure of the salaries, compensations and pensions of the public administration employees) entailed the complete application to the work private sector of the discipline set for the public sector. Therefore, credits arising from the art. 409 no. 3 of the Code of Civil Procedure (in the case at issue, agency relationship) shall be seized up to a fifth, according to the art. 545 of the Code of Civil Procedure”.

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