In the relationship between a Company and the board members, that has non subordinated nature (according to the 1595/2017 decision of the Italian Supreme Court), it is possible to apply the article 1460 of the Italian civil code. In the case decided by the Milan Court of Appeal the Company was allowed to not pay the directors compensation, by the fact that they have failed to meet their obligations to call the general meeting of the shareholders and to prepare the draft budget within the time limit.


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