Questione giuridica chiave
Whether the surveillance authority could refuse revendication proceedings on the ground that the cession was not opposable to the seizing creditor.
Decisione estratta
No. The dispute over priority and opposability of the cession had to be examined in revendication proceedings before the judge, not by the surveillance authority.
Motivazione estratta
The court held that the cession's alleged effect against the creditor after a first seizure, and before a second one, raised a revendication issue under Arts. 106 ff. LP in conjunction with Art. 275 LP. The surveillance authority therefore lacked competence to decide it.