Ammissione al passivo dei crediti di conferimento e limiti del c.d. giudicato endoconcorsuale

The admission to the passive status - which took place in two stages (first unsecured and then prededucted) - of a credit having as its object the payment of the remaining tenths of the capital of the investee company, subscribed by the participating company, subsequently subjected to the insolvency procedure, reopens the age-old and never dormant debate on the limits of the so-called ntracompetition judgment and its resilience to credit claims formulated, within the scope of the competition, after the passive status has become definitive; at the same time it draws on an investigative perspective less influenced by substantial suggestions, but aimed at valorising - moving within the narrower perimeter of the competition - the categories of endo-procedural preclusion, modification of the judicial request and referral in terms for non-attributable cause.