Lawyer Michele Gioffrè, partner at Amtf Avvocati (pictured), together with the litigation team, successfully concluded a complex procedure on behalf of the English-law occupational pension fund Alitalia Italian Airlines Pension and Assurance Scheme, concerning the admission of a significant claim that the fund had against the extraordinary administration procedure of Alitalia – Linee Aeree Italiane.
After a lengthy legal battle lasting almost eight years, which saw the British fund take legal action in November 2008, win at first instance in December 2011, and have its arguments upheld in an appeal against the first partial distribution plan in January 2014, the parties finally reached an agreement settling the opposition proceedings subsequently brought by Alitalia.
The English pension fund represented by lawyer Michele Gioffrè has been granted the first ruling of its kind in Italy. The case represents a precedent of absolute importance for our country, as it recognized the obligation of the "employer" to pay mandatory contributions in cases where the fund operated as compulsory insurance for disability and illness, old-age pensions, and survivors of employees located in countries other than Italy.
The assignment to AMTF Avvocati came from the independent British law firm Burges Salmon.
