In tema di prescrizione dell’azione di responsabilità dei singoli soci o terzi verso gli amministratori di società di capitali

In a recent decision, on the legal actions against the directors of a limited liability company, the Court of Rome implicitly admits, by excluding the applicability of the discipline provided for public companies to limited liability companies, a literal interpretation of art. 2395, § II, c.c., according to which for public companies the statute of limitation period would start from the day of the director’s unlawful conduct. However, general statute of limitation rules, as well as constitutional principles, seem to suggest a different interpretation, enhancing the emergence of the damage and its availability to the person entitled.