ITALY Law and Practice Contributed by: Marco Torsello, Federica Serrantoni, Lucia Pontremoli and Gregorio Baldoli, ArbLit
• The proceedings in the court of origin were con - trary to an agreement, or a designation in a trust instrument, under which the dispute in question was to be determined in a court of a state other than the state of origin. • The judgment is inconsistent with a judgment given by a court of Italy in a dispute between the same parties. • The judgment is inconsistent with an earlier judg - ment given by a court of another state between the same parties on the same subject matter, provided that the earlier judgment fulfils the conditions nec - essary for its recognition in Italy. Judgments not eligible for recognition and enforcement under the Italian Private International Law Act As mentioned in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments (under Non-EU Countries’ Judgments ), under the Italian Private Inter - national Law Act, non-EU countries’ judgments are recognised and enforced in Italy only if the conditions established by Articles 64, 65 and 66 of the Italian Private International Law Act are met. 3.4 Process of Enforcing Foreign Judgments As mentioned in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments , the procedure for the recognition and enforcement of foreign judg - ments in Italy varies depending on whether the judg - ment has been rendered in an EU member state or in a non-EU country. Process of Enforcing an EU Member State Judgment As mentioned in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments (under EU Mem- ber States’ Judgments ), EU member states’ judg - ments benefit from a mutual recognition and enforce - ment regime – ie, they are automatically recognised and directly enforced in Italy without any specific pro - cedure being needed. That said, with regard to judgments in civil and com - mercial matters, Article 36 (2) of the Brussels I bis Regulation allows any interested party to apply for a decision that there are no grounds for refusal of recog - nition. In this case, the application must be presented
before the competent Italian court of first instance, together with a copy of the judgment and – where necessary – a translation thereof. In addition to the foregoing, Article 37 of the Brussels I bis Regulation establishes that a party who wishes to invoke in Italy a judgment rendered in another EU member state must produce: • a copy of the judgment that satisfies the conditions necessary to establish its authenticity; and • the certificate referred to in Article 53 of the Brus - sels I bis Regulation, which is issued by the court of origin upon request of the interested party and indicates the relevant information concerning the judgment and the related matter. Also in this case, the application must be presented before the Italian competent court of first instance. The court’s assessment is merely formal, meaning that the seised court cannot review the merits of the foreign judgment. As to the enforcement, pursuant to Article 42 of the Brussels I bis Regulation, the applicant must provide: • a copy of the judgment that satisfies the conditions necessary to establish its authenticity; and • the certificate issued pursuant to Article 53 of the Brussels I bis Regulation, certifying that the judg - ment is enforceable and containing an extract of the judgment. Pursuant to Article 43 of the Brussels I bis Regulation, the above-mentioned certificate must be served on the person against whom the enforcement is sought prior to the first enforcement measure. The certificate must be accompanied by the judgment, if it has not already been served on that person. Once a judgment has been declared enforceable, pur - suant to Article 41 of the Brussels I bis Regulation, the relevant enforcement procedure is that established under Italian law for the enforcement of national judg - ments. Reference is thus made to 2.2 Enforcement of Domestic Judgments .
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