ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
3.4 Initial Complaint The initial phase of the lawsuit varies depending on the type of procedure chosen. In ordinary proceedings, the plaintiff sues other parties by means of a writ of summons. The writ of summons must contain: • the indication of the court before which the claim is brought; • the name, surname, residence of the plaintiff, and the name, surname, residence or domicile of the defendant and of the persons representing or assisting them; if the plaintiff or defendant is a company, it must contain its name or business name, and the indication of the body or office rep- resenting it in the proceedings; • the indication, in cases where the application is subject to a condition as to admissibility, of the • the specific description of the facts and grounds of law on which the summons is based and the specific indication of the means of proof on which the plaintiff intends to rely and, in particular, the documents which he/she produces in court; • the date of the hearing; and • an invitation to the defendant to file the statement of defence within 70 days before the date of the hearing and a series of warnings to the defendant, with the warning that filing an appearance after the aforementioned time limits entails some forfeitures, that the technical defence by a lawyer is compul- sory and that the party, where the legal require- ments are met, may apply for legal aid. The plaintiff is permitted to amend the claims made in the writ of summons with an additional brief filed before the first hearing. The plaintiff cannot file addi- tional claims, unless this is necessary in response to the defendant’s counterclaims or defences. 3.5 Rules of Service In ordinary proceedings, the plaintiff must serve the writ of summons on the defendant(s). fulfilment of the condition; • the subject of the claim;
formal notice to the defendant and the latter responds to such a letter. 3.2 Statutes of Limitations The statute of limitation applicable to civil suits is ten years and starts on the day the right can be exercised. A shorter period applies in certain cases, for example: • five years as regards tort liability; • five years as regards rights arising out of corporate relationships; and • one year as regards rights arising out of shipping contracts and contracts of carriage. The law sets out in detail the cases in which the limita- tion period is suspended or interrupted. 3.3 Jurisdictional Requirements for a Defendant The jurisdictional requirements for a defendant to be sued in Italy are governed by Law No 218/1995, according to which: • Italian jurisdiction exists if the defendant is domi- ciled in Italy or has in Italy a representative author- ised to appear in court; and • in civil and commercial matters, the rules set forth in EU Regulation No 1215 of 2012 (“Brussels Recast”) apply; Brussels Recast must be consid- ered applicable for the regulation of conflicts of jurisdiction even if they concern non-EU states. The general rule is that of the defendant’s domicile. By way of example, other rules are provided for: • in contractual matters, a person may be sued before the court of the state of performance of the obligation; and • in tort matters, a person may be sued before the court of the state where the harmful event occurred. Italian jurisdiction exists if the parties have conven- tionally accepted it and this acceptance is evidenced in writing, or if the defendant enters an appearance without objecting to the lack of jurisdiction.
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