Onder 2.9. Rechtbank Noord-Holland 8 maart 2017

Bij e-mail van 22 juli 2013 heeft Flory Cart aan Albert Heijn geschreven: “(…) Our professionals have advised us to recourse to the composition with creditors procedure, pursuant to article 163 of the Italian Royal Decree no. 267/1942. (…) In this way we avoided the bankruptcy and ensured the best possible satisfaction of all our creditors. Of course, to access this procedure (the document was deposited in the Court the 12nd of July) we also have to preserve the value of the entire company and ensure business continuity. (…) From July 12nd, each payment of previous invoices of Flory Cart Srl (including those of Albert Heijn) must be exclusively made through the judicial commissioner, and not on the old bank accounts. This to respect the principle of equal treatment of creditors of the company and avoid that Banks retain sums which, instead, must be distributed among all creditors, according to the rules that will be established by the Court. (…)”.

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