ITALY Law and Practice Contributed by: Marco Torsello, Federica Serrantoni, Lucia Pontremoli and Gregorio Baldoli, ArbLit
Non-EU Countries’ Judgments If the foreign judgment has been rendered in a non-EU country, the relevant rules are provided by bilateral or multilateral treaties, including: • the Lugano Convention of 30 October 2007 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “Lugano Convention”); and • the Hague Convention of 2 July 2019 on the Rec - ognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “2019 Hague Convention”). In the absence of a treaty, the recognition and enforce - ment of non-EU countries’ judgments is governed by Italian Law No 218 of 31 May 1995 (the “Italian Private International Law Act”). Pursuant to Article 64 of the Italian Private International Law Act, the decision of a non-EU country’s court is automatically recognised in Italy only if the following conditions are met: • the foreign court that rendered the judgment had jurisdiction based on the criteria established by Italian law; • the defendant was properly served and was given the chance to present their case; • the parties appeared in compliance with the law of the jurisdiction where the proceedings took place or else their default of appearance was declared in compliance with that law; • the judgment was final in the jurisdiction where it was rendered; • the judgment is not incompatible with an earlier final judgment rendered by Italian courts; • there are no earlier proceedings pending before an Italian court between the same parties on the same matter; and • the judgment does not produce effects contrary to Italian public policy. Articles 65 and 66 of the Italian Private International Law Act govern the recognition of judgments relating to personal status, capacity, familiar relationships and personal rights, as well as the recognition of courts’ decisions rendered in non-adversarial proceedings. Under these provisions, foreign judgments are rec - ognised in Italy if they have been rendered by juris -
dictional authorities of – or produce effects in – the country whose law is applicable according to the conflict of law rules established by the Italian Private International Law Act itself. Article 67 of the Italian Private International Law Act, governing enforcement, provides that any interested party can apply to the judicial authority to obtain a decision declaring that the requirements for recogni - tion are met. 3.2 Variations in Approach to Enforcement of Foreign Judgments As mentioned in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments , a different rec - ognition/enforcement regime applies depending on whether the foreign judgment is rendered in an EU member state or in a non-EU country. With regard to EU member state judgments in civil and commercial matters, the regime established by the Brussels I bis Regulation is identical, irrespective of the type of judgment concerned. This is so because the definition of “judgment” provided for in Article 2 of the Brussels I bis Regulation is comprehensive, including any judgment given by a court or a tribu - nal of an EU member state – whatever the judgment may be called (eg, a decree, order, decision, or writ of execution) – as well as a decision on the determination of costs or expenses by an officer of the court. Article 2 of the Brussels I bis Regulation further specifies that the definition of “judgment” also includes provisional measures ordered by a court or tribunal that, by virtue of the Brussels I bis Regulation itself, has jurisdiction as to the substance of the matter. Conversely, it does not include a provisional measure ordered by such court or tribunal without the defendant being sum - moned, unless the judgment containing the measure is served on the defendant prior to enforcement. Therefore, the recognition and enforcement regime established by the Brussels I bis Regulation applies to all types of judgments except provisional measures either: • ordered by a court of an EU member state not hav - ing jurisdiction as to the substance of the matter; or
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