ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
The Decision Phase The judgment is filed by the court within 60 days (30 days in certain cases) after the hearing for submission of the case to the decision phase. Each party may ask for the oral discussion of the case; in this case, the court may issue the judgment at the end of the hearing set for discussion. 7.8 General Timeframes for Proceedings The typical duration of civil cases in commercial dis- putes is: • before a court of first instance: from three to five years; • before a court of appeal: from two to five years; and • before the Supreme Court of Cassation: from two to five years. The duration can be shorter when simplified proceed- ings are carried out (please see 7.1 Trial Proceedings). Court approval is not required to settle a lawsuit, except in certain matters (eg, employment matters). 8.2 Settlement of Lawsuits and Confidentiality The settlement of a lawsuit can remain confidential (unless one of the parties needs to enforce it in court). In addition, in certain cases the judge can order the disclosure of the terms of settlement (eg, in multipar- ty litigation when only some of the parties settle, the judge can order the disclosure of the settlement to determine its impact, if any, on the claims against the remaining defendants). 8.3 Enforcement of Settlement Agreements If a party does not comply with its obligations under the settlement agreement, the latter can be enforced as follows: • If the plaintiff does not comply with its obligation to abandon the case, the defendant can file the set- tlement in court to have the case declared closed. 8. Settlement 8.1 Court Approval
• If the defendant does not comply with its obligation to pay the settlement amount, the plaintiff can seek an order for payment against the defendant (or, if the settlement agreement meets certain require- ments, can initiate an enforcement action (eg, a seizure or garnishment) against the plaintiff). 8.4 Setting Aside Settlement Agreements The settlement agreement has binding force between the parties. It can be set aside under the general rules applicable to the termination of agreements, subject to certain exceptions. For example, if the settlement agreement replaced and superseded previous agreements, the settlement can only be terminated for breach of con- tract if this has been expressly provided for in the same agreement. In addition, the law provides for special cases when the settlement agreement can be set aside. For exam- ple, under certain circumstances, the settlement agreement can be set aside if documents discovered after the settlement was entered into prove that one of the parties did not have any right. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The awards available to a successful litigant at a full trial stage are: • the establishment of the right claimed by the suc- cessful litigant; • an order to the losing party to pay a sum of money, to deliver something to the successful litigant or to act or refrain from acting; and • a so-called “constitutive” judgment, which cre- ates, modifies or extinguishes legal relationships between the parties, their heirs and successors in title. 9.2 Rules Regarding Damages General Principles In the case of both contractual and non-contractual liability, damages must include both the loss suffered
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