DISMISSAL OF DIRECTORS
THE TERMS OF APPEAL
EX ART. 6 L. 604/66 MUST BE RESPECTED
At least according to the Court of Milan
The position of the Supreme Court has always excluded the applicability of decadent terms for directors (60 days for the extrajudicial appeal and 180 days from the aforementioned appeal for the rooting of the case) provided for by art. 6 of the law 604/66, recently modified before the law 183/2010 (work linked) and then from the law 92/2012 (Fornero Reform).
On the other hand, the Court of Milan has a different opinion.
With various sentences (the latest being No. 2797 of 9th July 2013), the Milanese judges have in fact decided that even the dismissed executivees must challenge the termination of the employer in the terms in question.
This is because, given that the art. 10 of law 604/66 excludes directors from the applicability of art. 6, it is also true that the art. 32, paragraph 2 of law 183/2010 has extended the applicability of the double-decadential term "to all cases of dismissal invalidity ".
