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23 Jun 2026

Nervi&Zulli Prevails on Appeal Against Banca Popolare di Bari

"The law firm Nervi&Zulli represented an investor in an appeal against Banca Popolare di Bari. The Court of Appeal of Bari upheld the first-instance ruling that the bank breached its information and suitability duties in selling unlisted, illiquid bank shares to a conservative investor, confirming rescission and costs."

The law firm Nervi&Zulli represented the investor in an appeal against Banca Popolare di Bari. The Court of Appeal of Bari, by judgment no. 404/2026, confirmed the first‑instance decision that found the former Banca Popolare di Bari in breach in the sale of its own unlisted shares to an investor with a declared conservative investment profile. The dispute arose from the purchase in November 2014 of bank shares that were subsequently wiped out in value. The court found that the securities were illiquid—difficult to resell within a reasonable timeframe—and presented a level of risk incompatible with the client’s stated objective of capital protection and acceptance of only limited losses, as indicated on her MiFID questionnaire. The court attached particular importance to the non‑listed, illiquid nature of the shares, which could be transferred only through limited channels and exposed the investor to a real risk of being unable to divest or suffering significant loss. The Court confirmed violations of the information and suitability obligations under applicable regulatory provisions, reiterating that the bank bears the burden of proving it acted with the requisite diligence and provided the client with all information necessary for an informed decision. The bank was ordered to pay legal costs and the rescission for breach of the purchase order was fully upheld. Nervi&Zulli represented the investor with a team composed by: Miriam Zulli and Giovanna Angelini.
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