Italian Court of Cassation overturns appellate ruling in Taranto commercial property dispute

The Supreme Court of Cassation, Civil Section 3, issued Ordinance No. 16766 on 28 May 2026. It partially upheld an appeal and remanded for reconsideration the appellate decision of the Court of Appeal of Lecce (Taranto Section), sentence No. 283 of 2024.

The case involved creditor Massimo Muzio, who claimed €60,000 plus costs from Silvio Sallustio. Muzio sought nullity of two 2013 sales of adjoining commercial premises in Taranto. The Tribunal of Taranto, in 2022, declared the first sale to Augusta null and void and confirmed a revocatory action on the basis of presumed fraud. The appellate court rejected both Muzio’s and Augusta’s appeals in 2024.

On cassation, the Court affirmed the revocatory action against Augusta, finding probable awareness of the fraudulent intent. It cited Augusta’s long‑term occupation of the property, knowledge of pending administrative and judicial issues, early payment of most purchase price to settle the seller’s debts, and the structuring of the remaining payment without registering a legal mortgage as indicators of the illicit purpose.