Genoa – Judge Paolo Gibelli has the appeal against Sampdoria presented by the lawyer Pieremilio Sammarco on behalf of Ssh Holding was rejected, the former parent company of the blucerchiata company attributable to the Ferrero family. The appeal asked, among other things, to inhibit any future capital increase in Sampdoria by the new owners. “The appeal – it is written in Gibelli’s order – is not founded due to a lack of “fumus” and “periculum” and is still not acceptable due to the harmful effect for society of the acceptance to an extent completely disproportionate to the protection of the appellant ”. Gibelli also ordered SSH to reimburse the costs of the litigation.
Judge Gibelli’s order, as expected, it is very detailed and in-depth and places stakes in the legal perimeter of this affair. Clearly defining the boundaries and the lawfulness and regularity of the behavior of the new property. And, in particular, also of Massimo Ienca, whose work first of all protected Ssh, a company of which he was sole director. Office from which he was subsequently removed by choice of Ferrero. “The assignment therefore does not appear invalid – it is written – if invalid, at the most it could be voidable due to a completely internal data of Ssh, or rather the disagreement of the partners. It is given that there is no evidence that neither Sampdoria nor Blucerchiati could appreciate. As mentioned, if the assignment of the pre-emption is valid, there is no fumus bonis iuris”.
Ssh now has 15 days to complain and will.
Property lawyers Francesco De Gennaro and Alessandro Lanzi of the Dla Piper studio express their satisfaction with the rejection provision: “The Court of Genoa has amply motivated the rejection of an evidently unfounded precautionary claim, stigmatizing Massimo Ferrero’s procedural behavior and reiterating the prevalence of of Sampdoria and its investors to implement the recovery and relaunch project”. Sampdoria was defended by Filippo Chiodini of Legance.
Satisfaction also for Andrea Radrizzani and Matteo Manfredi of Gestio Capital, which in just a few days dealt with and resolved this legal case.
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