ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
Appeal Against Decisions on the Proper Venue This special appeal is used to resolve conflicts con- cerning the proper venue between two or more courts. It is brought directly before the Court of Cassation. Revocation Judgments rendered by a court of appeal (and, in cer- tain cases, by a court of first instance) may be chal- lenged by way of revocation if: • they are the result of fraud committed by one party against the other party; • they were based on evidence that was recognised or declared false after the judgment or that the los- ing party was unaware of having been recognised or declared false before the judgment; • after the judgment, one or more decisive docu- ments were found that the party had not been able to submit in court due to force majeure or due to the other party’s actions; • they are the effect of an error of fact resulting from the acts and documents in the case; • the judgment is contrary to another previous judg- ment which is res judicata between the parties, provided that it did not rule on the relevant objec- tion; and • the judgment is the result of the judge’s fraud, which has been ascertained in a final judgment. The recent Cartabia Reform has introduced a new case of revocation (subject to certain conditions) against final judgments whose content has been declared by the European Court of Human Rights to be contrary to the Convention for the Protection of Human Rights and Fundamental Freedoms or one of its Protocols. Third-Party Opposition Third-party opposition may be brought: • by a third party if the judgment prejudices its rights; and • by successors and creditors of one of the parties when the judgment is the result of fraud or collu- sion to their detriment.
requirements for recognition is necessary: (i) when the debtor does not comply with the judgment and the creditor intends to enforce it, and (ii) when the debtor challenges the recognition of the foreign judgment. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation The following levels of appeal and mechanisms of review are available to a litigant party: • appeal to a court of appeal; • appeal to the Supreme Court of Cassation; • appeal against decisions on the proper venue; • third-party opposition; and • revocation. The third-party opposition and, in certain cases, the revocation are “extraordinary appeals” because they can also be brought against judgments which are res judicata. 10.2 Rules Concerning Appeals of Judgments Appeal An appeal may be brought against a judgment deliv- ered by a court of first instance. The appellant may ask the relevant court of appeal to re-examine in whole or in part the dispute decided at first instance, but can- not bring new claims or raise new defences. Appeal to the Supreme Court of Cassation Decisions rendered by a court of appeal and, in certain cases, decisions rendered by a court of first instance, may be challenged before the Supreme Court of Cas- sation on the following grounds only: • violation of the rules on jurisdiction or on proper venue; • violation or misapplication of the rules of law (and national collective labour contracts and agree- ments); • nullity of the judgment or proceedings; and • failure to examine a fact that is decisive for the case and was discussed between the parties.
510 CHAMBERS.COM
Powered by FlippingBook