231/01: case-law opens new questions

Case-law regarding the execution of the provisions set forth under Legislative Decree 231/01 discloses some trends. In particular, please note as follows:

– the organizational model should be effectively put in place in order to free the company from any liability;

– the company has to be considered solely responsible only for those crimes peremptorily listed  by the Legislative Decree 231/01.

 

No clarification concerning the possibility for the victims to sue companies for damages in a civil proceeding has still been given. Anyway, from the negative answer given to the victims of Parmalat bankruptcy, the Court of Milan seems to exclude this possibility.