The bank (Cassa di Risparmio della Spezia) was granted by the President of Tribunale della Spezia (Court of La Spezia) an executive tile (“ingiunzione”) dated of 5/10/1196 for the amount of Lire 344,967,986, as well as interest against AL, Am.An., A.A. and F.A., guarantors of the company ORED s.r.l. for two bank accounts, in relation to the debts of the company towards the institute.
The defendants argued, among other things, that they were only members of the company Ored s.r.l. (Ltd.) and as such they should be considered consumers and that the fact that the principal debtor was a company had no relevance.