With this article, the Authors intend, preliminarily, to provide a
brief temporal excursus in order to the complex path that involved, on the
Italian scene, the Code of the Corporate Crisis and Insolvency, from
promulgation upon actual entry into force after approximately three years. Secondly,
the paper tries to provide an overall picture of the major regulatory implementations,
describing, in brief, the general characteristics of the Guidelines given by
the EU Directive 2019/1023 (so-called Insolvency). Furthermore, the Authors,
turning their minds to the supranational legislation that has affected the
matter of insolvency, try to verify the compliance of the national provisions
with the provisions of the abovementioned Directive. In the conclusions, the
paper attempts to provide some hints on the possible application of the rules,
which have just entered into force, in the context of the Courts, with particular
emphasis on the so-called “early warning tools”.