ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
Non-EU States Italy is a signatory to the following international con- ventions: • the Hague Choice of Courts Convention of 30 June 2005; • the Lugano Convention dated 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and • the Hague Convention concluded on 2 July 2019 on the recognition and enforcement of foreign judgments in civil or commercial matters, entered into force on 1 September 2023. In the absence of existing conventions between Italy and the foreign country, the recognition and enforce- ment in Italy of judgments and orders issued by authorities of non-EU states, are governed by the rules laid down by Law No 218 of 31 May 1995 (Reform of the Italian system of private international law). According to this law, a foreign judgment is automati- cally recognised in Italy in the following cases: • The court that pronounced it had jurisdiction con- sistent with the principles of jurisdiction recognised under Italian law. • The writ was brought to the defendant’s attention and the defendant’s essential rights of defence were not violated. • The parties have entered an appearance according to the law of the place where the trial was held or the default has been declared in accordance with that law. • It has become res judicata according to the law of the place where it was pronounced. • It is not contrary to any other final judgment of an Italian court. • There is not a trial pending before an Italian court on the same subject matter and between the same parties, which commenced before the foreign trial. • Its provisions do not produce effects contrary to public order. Since the judgment is automatically recognised in Ita- ly, checking the above conditions for recognisability of the foreign judgment is generally possible but not compulsory. However, an application to ascertain the
the enforcement is only possible when the judgments become res judicata. Enforcement of a domestic judgment must be pre- ceded by a formal request to the debtor to comply with the judgment within ten days, warning him that, failing that, enforcement will be levied. The Code of Civil Procedure provides for three enforcement mechanisms: • the expropriation of the debtor’s money or property (including the garnishment of the debtor’s bank account); • enforcement by delivery or release of a specific movable or immovable property; and • enforcement of obligations to act or refrain from acting. 9.5 Enforcement of a Judgment From a The recognition in Italy of judgments issued by a court of an EU member state is governed by Brussels Recast. Brussels Recast provides that judgments delivered in another member state are automatically recognised without the need for an ad hoc procedure. Foreign Country EU Member States The notion of “judgment” referred to in Brussels Recast includes provisional and protective measures issued by an authority that has jurisdiction as to the substance of the matter. Provisional and protective measures issued without the defendant being sum- moned to appear are excluded unless the judgment has been served on the defendant prior to enforce- ment. Brussels Recast has extended the abolition of the exequatur system to the enforcement stage. Con- sequently, a judgment given in a member state and enforceable there is automatically enforceable in the other member states without the need for a declara- tion of enforceability by the national court.
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