The Supreme Court’s United Sections, in judgment No. 24825/2026 dated 8 October 2026, delimited the nullity of standard ABI (Italian Banking Association) clauses in bank guarantees. Nullity applies only to guarantees falling within the 2002-2005 period and of a generic nature. For specific guarantees or those outside that period, the Bank of Italy’s measure alone is insufficient; additional evidence of unfairness is required.
Key Takeaways
- Temporal Limitation: The automatic nullity regime covers only guarantees signed between 2002 and 2005.
- Specific Guarantees Excluded: Tailored guarantees (e.g., for a specific loan) are not automatically void.
- Burden of Proof: For other guarantees, the guarantor must prove the clause’s abusive nature case by case.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement