La responsabilità dello stato per i debiti delle società partecipate nella giurisprudenza CEDU: quali possibili implicazioni per le società in house?

The essay aims to analyze the orientation of the European Court of Human Rights, which, in order to protect property (Art. 1 First Additional Protocol ECIIR) and the right to a fair trial (Art. 6 ECIIR), recognizes, under certain conditions, a liability of the State for the acts, omissions and debts of companies subject to its control and/or entrusted with a public function. In the authors’ view, in order to ensure an effective protection of corporate creditors, the liability’s regime applicable to the public shareholders should be interpreted in a manner consistent with these principles. This would have significant and specific conse¬ quences for in-house companies, as it could deter the public entity from committing abuses against the company, in line with the for profit nature (also) of in-house companies.