Firstly, the Court clarified that, pursuant to Article 2476(2) of the Italian Civil Code, the shareholder of a limited liability company has the right to inspect and control the work of the administrative organ, regardless of its shareholding. The exercise of this right does not require any motivation on the part of the shareholder; the reason for this regulation is to allow the shareholder to control the management of the company.

The company must prove that the shareholder is abusing the right of access and control. If, for example, there is reasonable grounds to suspect that the shareholder is exercising his right fraudulently or to obstruct the company, the shareholder's request can be rejected. In order to obtain protection of his right, possibly also in the form of an interim injunction, the shareholder therefore only has to prove his status as a shareholder and the company's failure to fulfil its obligations. The company, on the other hand, must prove an abuse of rights by the shareholder in order to justify the refusal.

Furthermore, the court has clarified in the context of the active legitimization of this right that a shareholder who is co-owner of a share can also exercise this right, not only the joint representative.