The Italian Supreme Court (Corte di Cassazione), on 30 November 2025, upheld the Rome Court of Appeal’s decision in support of the judgment in recognition of a Californian judgment to oblige two Italian nationals to pay treble damages in connection with their misappropriation of assets from debtor companies in bankruptcy proceedings. The judgment further clarifies the legal approach in Italy to recognising foreign judgments that award punitive damages in civil lawsuits.
The matter arose from a case in California involving bankruptcy proceedings where companies were subject to Chapter 11 proceedings in the Bankruptcy Court in Northern District of California. The judgment awarded significant damages amounting to $21,176,199.00, where $6,084,277.60 being damages for asset misappropriation and $12,168,555.20 being treble damages pursuant to Section 496(a) and (c) of the Californian Penal Code.
According to Italy’s rules on private international law set out in Law No. 218/1995, a foreign judgment will not be recognised where its consequences would conflict with public policy (ordine pubblico). In this context, international public policy refers to the core constitutional principles of the legal order, together with values acknowledged at international and worldwide level, including those protected by the EU Charter of Fundamental Rights and the European Convention on Human Rights.
Vincenzo Senatore, Senior partner, commented “the defendants challenged the judgment on a number of grounds but the Supreme Court analysed the objections and found that there was no validity in the arguments that were put forward”. Vincenzo further pointed out “The judgment will impact on cross-border matters involving asset recovery and such damages are not incompatible with Italian law”.
The grounds that the defendants raised:
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The award considerably exceeded the bounds of moderation or reason and was exorbitant.
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That such damages were incompatible with the Italian policy as Italian law only recognises compensation in civil liability
and not punitive damages aimed as a deterrent.
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That the foreign judgment lacked adequate reasoning that would allow an assessment of compatibility with Italian public policy
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That the decision issued in California was based on legal principles that did not ensure consistent conviction patterns, foreseeability of the damages awarded, or defined monetary caps.
However, the Supreme Court noticed that there were provisions within the Italian legal framework that can attribute damages that are punitive and are increasingly directed to preventative objectives. It also felt that Italian public policy does not disallow damages that have a deterrent effect providing that there is a legal foundation. This decision consolidates Italy’s stance as a jurisdiction receptive to recognising foreign judgments that combine compensatory and deterrent elements, on the assumption that the fundamental rule-of-law standards are satisfied.
With regard to the Californian capacity to invoke treble damages, as well as costs and reasonable legal fees, under the Californian Penal Code. The Court found that had employed the express statutory rules and concluded that proportionality had been correctly applied as was easily demonstrated by a rudimentary mathematical calculation together with the statutory framework.
The landmark decision which appears to overturn the traditional position adopted by Italian law now established foreign judgments that awarded punitive damages, as opposed to restorative damages only, can be enforced provided that the decision is based on a predictable, proportionate and more importantly legal criteria. Thereby changing the face of civil liability in Italy.
Giambrone and Partners highly qualified and highly experienced skilled litigation lawyers in both Italy and in England and Wales can assist in all aspects connected to a contentious. Using robust advocacy aimed at achieving maximum recovery including an award of punitive damages.
Vincenzo Senatore Vincenzo Senatore is an Equity Partner and Head of Legal Practice at Giambrone & Partners LLP.
He is quadruple-practising lawyer qualified as an Italian Avvocato (with Higher Rights of Audience) and admitted as a Solicitor Advocate in England & Wales (with Higher Rights of Audience), Solicitor in the Republic of Ireland, np, and Solicitor in Northern Ireland. He is also qualified to plead before the International Criminal Court in The Hague.
Vincenzo has several years of post-qualification experience in both Civil and Common Law jurisdictions. He has broad experience in UK and international cross-border transactions across a variety of industry sectors, as well as in international corporate and criminal law. He is a formidable litigator with a demonstrable history of bringing transactions to successful conclusions, providing legal support to partners, and delivering strategic advice to a diverse clientele.
After completing his studies as an Erasmus student at the Paris-Lodron Universität of Salzburg (Austria), Vincenzo graduated from the University of Naples “Federico II” (Italy) and subsequently moved to the United States, where he obtained a Master of Laws (LLM) in International Business Transactions and Trade Law at The Catholic University of America, Columbus School of Law, Washington, DC.
Vincenzo has worked in the United States where, during his fellowship at the prestigious Stanford Centre for Biomedical Ethics (Stanford University), he specialised in intellectual property relating to human embryonic stem cells. His research was published in the peer-reviewed scientific journal Nature Biotechnology. During this period, he passed the first examination (MPRE) required to qualify as a California attorney and was also appointed as a Notary Public for the State of California.
Vincenzo’s professional activities have included serving on the Scientific Organising Committee of the Association Internationale des Jeunes Avocats for conferences on Anglo-American Law, as well as acting as a speaker at webinars, lectures, and conferences organised by the British Chamber of Commerce (Italy), The Catholic University of America, Columbus School of Law (Washington, DC), the Lockey Stem Cells Building Research Centre at Stanford University (USA), SKKU School of Business (Republic of Korea), and the Naples Bar Association, where he has been invited as an expert in both Civil and Common Law systems.
Vincenzo has recently been appointed to the Alumni Council of The Catholic University of America, Columbus School of Law, Washington, DC. The Alumni Council forms the governing body of the Catholic Law Alumni Association, established in 2013 to promote and advance the values, objectives, and wellbeing of The Catholic University of America and its Law School. He is also a member of the International Criminal Court Bar Association, the Law Society of England and Wales, the Naples Bar Association, and the International Academy of Financial Consumers (Republic of Korea), where he also serves as a member of the editorial board.
To date, Vincenzo Senatore is the only Italian lawyer registered on the List of Professionals of the Italian Embassy in Tokyo and the Italian General Consulate in Osaka. He heads Giambrone’s Japanese Desk in Italy and oversees the Firm’s offices in Tokyo and Osaka through strategic alliances with Kikkawa Law Offices and Meilin International Law Firm.
Vincenzo regularly represents large and medium-sized Italian and Japanese enterprises in operations across both jurisdictions, as well as private clients and entrepreneurs doing business with Japanese companies. His expertise spans a wide range of cross-border transactions, including mergers and acquisitions, joint ventures, the establishment of branches and subsidiaries, and company incorporations in foreign jurisdictions, assisting clients in achieving their strategic objectives.
In addition, Vincenzo in his domestic practice advises on company and commercial law, partnerships, wills and probate, trusts, and contracts. He acts for private clients, entrepreneurs, and corporate entities on both contentious and non-contentious matters, with particular experience in complex, high-value, and cross-border cases.
His practice includes advising on the formation, governance, and restructuring of companies and partnerships, drafting and negotiating commercial contracts, and providing strategic advice on estate planning, trust structures, and probate matters, including contested estates and disputes relating to will interpretation.
Alongside his private client and corporate work, Vincenzo has experience assisting families in serious and sensitive matters involving fatal accidents, including aviation and maritime incidents, often involving multiple jurisdictions and coordination with foreign lawyers, technical experts, and public authorities.
He is recognised for his careful, analytical, and client-focused approach, particularly in matters requiring both legal precision and a high degree of sensitivity.
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