Joint and several liability between companies requires the sharing of interests, the coordination between the managements and the patrimonial connection. The understanding is that of the 2nd Panel of the Regional Labor Court of the 24th Region (TRT), which removed the highway concessionaire Triângulo do Sol from the passive pole of an enforcement proceeding. The decision is from Friday (1/8). Read the full article from Conjur.
Triângulo do Sol is 100% controlled by AB Concessões S.A, which in turn is a holding company formed in 2012 through a union made between the Italian company Atlantia and the Brazilian company Bertin.
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The concessionaire was included in the passive pole of the enforcement proceeding for allegedly forming an economic group with Bertin (the debtor), and even had the attachment of its assets ordered.
According to the decision, however, the fact that Triângulo do Sol is administered by Atlantia and Bertin does not provide legal support for the conclusion that it forms an economic group with the debtor company.
“The economic group, under the terms of Article 2, paragraph 2 of the Consolidation of Labor Laws (CLT), which justifies the joint and several liability among the affiliated companies for the debts contracted by one of them, requires sharing of interests, coordination between the managements and patrimonial connection”, stated in his vote Appellate Judge Amaury Rodrigues Pinto Junior, rapporteur of the case.
Further according to him, “it is precisely because the appellant is a company with hybrid capital, shared administration and a specific economic purpose (completely different from other investments of the Bertin group) that it cannot be concluded that it is part of the Bertin economic group”.
“To affirm that Triângulo do Sul is part of the Bertin group is to consider that the Atlantia economic group does not exist juridically or has also become part of the Bertin group, when the evidence in the case records clearly shows that these are distinct groups, absolutely independent and which, occasionally, had an affinity of interests for the development of an economic activity.”
Source: Conjur
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