ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
granting, modifying, or confirming injunctive relief. This security acts as a guarantee for potential dam- ages should the measure later be lifted. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief can be granted against worldwide assets of the respondent. 6.6 Third Parties and Injunctive Relief Injunctive relief may be obtained against third par- ties. For example, a conservative seizure order can be applied to receivables or assets owed or held by third parties on behalf of the respondent, provided that the attachment of such assets is legally permissible. 6.7 Consequences of a Respondent’s Non- Compliance If a respondent fails to comply with the terms of an injunction involving assets, receivables and property, the applicant may proceed with their attachment. If a respondent fails to comply with the terms of an injunc- tion involving obligations to deliver, release, act, or refrain from acting, enforcement is overseen by the court through a competent bailiff. The court may impose a penalty under Article 614-bis ICC for any infringement or non-compliance subse- quently determined and any delay in executing the order. 7. Trials and Hearings 7.1 Trial Proceedings The civil trial before the court consists of three stages: • opening phase; • collection of evidence phase; and • decisional phase. Following the service of the summons by the plaintiff, which must indicate the date of the first hearing, within 70 days before such hearing the defendant must file his/her statement of defence. In the 15 days (the term is not mandatory) following the filing of the defendant’s statement of defence, the
court shall carry out certain preliminary controls and may either confirm or postpone the date of the first hearing. Subsequently, the parties are entitled to file three additional written briefs: • The first brief must be submitted 40 days before the hearing. This document is used to present claims, objections, and defences that respond to the defendant’s counterclaims or objections. It also allows the parties to amend or clarify previously submitted claims and pleadings. At this stage, the plaintiff may request to involve third parties in the proceedings if their involvement arises from the defendant’s defences. Typically, the plaintiff also responds to the defences, objections, or counter- claims raised by the defendant during this period. • The second brief, which is to be submitted 20 days before the hearing, addresses any new or amended claims and defences introduced by the opposing party. It is also used to raise new objections or defences in response to those claims. Importantly, this is the final opportunity for parties to submit requests for evidence, such as documents, witness testimonies, or technical expertise. • The third brief, which is to be submitted ten days before the hearing, is aimed at replying to the new objections, if any, and filing the rebuttal evidence. Both parties must attend the first hearing in person. Failure to appear without a valid reason may be taken into account by the court when making its decision. During this hearing, the judge is free to question the parties, seeking clarifications about the facts and may even attempt to mediate a resolution to the dispute. The further steps (and timescale) mainly depend on the court decision on the taking of evidence. If evi- dence has to be taken, the court schedules the follow- ing hearings up to the final hearing. At this stage the procedure may involve witness/expert examination at hearings in the presence of the parties’ counsel. Once the case is ready for resolution, the court sets a hearing for oral arguments and/or allows the parties to file final written briefs before issuing its final judgment.
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