The Notes and Studies No. Assonime 11 of 2010, "Company-public - maneuvering summer, the Court of Auditors of the investigation of common equity, applicability of Legislative Decree No 231/2001" refers (in the last chapter) of the Court of Cassation No 28699 of July 21, 2010 which recognized the applicability of Decree 231/01 to public companies even when they are pursuing constitutional values.
The appeal before the Court concerns the applicability of the sport at a specialized hospital that operates in the form of inter-regional joint-stock company owned 51 percent by public capital and 49 percent by private capital. According the Supreme Court, "the wording of the rule is
unambiguous in the sense that the public nature of an institution is necessary but not sufficient, the exemption from the rules in question, having to use also the condition that the entity that carries on business.
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