The company that is found unable to operate in because of the lockdown, being unable to use the rented premises to carry out its business, is not required to pay i rents for the closing months, as the blockage is due to force majeure for which it has no responsibility.
It is on the basis of this principle that the Civil court of Venice accepted the urgent appeal filed by the lawyer Daniela Ajese on behalf of an important business operating in the clothing sector, to which the company that manages the Nave de Vero shopping center in Marghera, Blo srl of Milan, had ordered to pay around 50 thousand euros in relation to the rent in the past months of February, March and April. Judge Tania Vettore of the first civil section of the Court ordered a Blo srl to “not withdraw and / or collect any payment” from the bank that issued the sureties to guarantee the payment of the rent, and to the bank to “suspend and / or not proceed to payment” of the 50 thousand euro requested by the ship manager de Vero.ANTI-COVID DECREE
The decision of the Court refers to the provisions of article 91 of decree law 18 of 2020 which, in integrating article 3 of decree law 6 of 2020 (converted with modifications with law 123 of 2020) established, in in relation to the Covid 19 emergency, that compliance with the containment measures referred to in this decree is always assessed for the purposes of excluding, pursuant to and for the effects of articles 1218 and 1223 of the Civil Code, the liability of the debtor, also relatively the application of any forfeiture or penalties related to delayed or omitted obligations “.
The measure was issued by the judge without listening to the reasons of the Milanese company Blo, which will still be able to speak during the hearing to discuss the case, set for the end of June to validate (or revoke) the decree. So, once the urgency phase is over, the lawsuit is set to continue on the merits.
FIRMS IN DIFFICULTY
The pronouncement of Doctor Carrier is the first, which was reported in Venice, adopted on the basis of the legislation passed by the government to try to help companies whose business was blocked following the coronavirus emergency. As a result, he was highly anticipated and is being watched with considerable interest by the business world: hundreds of merchants and traders forced to close because their businesses were not included in the list of those authorized to operate. And many of these are in the conditions of having to face the request to pay the rent of the rooms anyway, even if unused for over two months.
“We had tried to sensitize the property, proposing a solution that could take into account the difficulties experienced during the lockdown – explains the lawyer Ajese – But the counterpart did not receive any response and, consequently, we were forced to contact the Court. Just like many other companies that are on their knees due to the forced blockade are doing ».
Last updated: 08:49
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