ITALY Law and Practice Contributed by: Marco Torsello, Federica Serrantoni, Lucia Pontremoli and Gregorio Baldoli, ArbLit
3.6 Challenging Enforcement of Foreign Judgments The conditions under which the recognition and enforcement of a foreign judgment may be refused, as well as the procedure applicable in the event of an appeal of the decision on recognition or enforceabil - ity, vary depending on whether the foreign judgment was rendered in an EU member state or in a non-EU country. Challenge of EU Member States’ Judgments Under Brussels I bis Regulation As mentioned in 3.3 Categories of Foreign Judgments Not Enforced (Judgments Not Eligible for Recognition and Enforcement Under Brussels I bis Regulation), the conditions under which recognition and enforcement of a foreign judgment may be refused are listed in Articles 45 and 46 of the Brussels I bis Regulation. Pursuant to Article 47 of the Brussels I bis Regula - tion, the application for refusal of enforcement must be submitted to the competent Italian court of first instance. The applicant must provide the court with a copy of the judgment and, where necessary, a translation thereof. Insofar as it is not covered by the Brussels I bis Regulation, the procedure for refusal of enforcement is governed by Italian law – namely, by the provisions regulating the summary judgment ( procedimento semplificato di cognizione ) (ie, Article 281-decies of the CCP). Both the decision on the application for refusal of enforcement and the decision declaring that no grounds for refusal exist (Article 36 of the Brussels I bis Regulation) may be appealed by either party. The appeal is to be lodged with the competent Ital - ian court of appeal. The decision of the latter may be contested by an appeal before the Italian Corte di Cassazione (Articles 49 and 50 of the Brussels I bis Regulation). Challenge of Non-EU Countries’ Judgments Under Lugano Convention Pursuant to Article 43 of the Lugano Convention, the decision on the application for a declaration of enforceability may be appealed by either party within one month of service thereof for lack of enforceability
Pursuant to Article 13 of the 2019 Hague Convention, the procedure for recognition, declaration of enforce - ability, or registration of enforcement is governed by Italian procedural law unless the 2019 Hague Conven - tion itself provides otherwise. Italian Private International Law Act As mentioned in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments (Non-EU Coun - tries’ Judgments), recognition in Italy of foreign judg - ments under the Italian Private International Law Act is automatic, provided that the requirements listed in Article 64 of the Italian Private International Law Act are met. Pursuant to Article 67 of the Italian Private Interna - tional Law Act, the procedure governing the recogni - tion and enforcement (as well as the opposition to the recognition) of non-EU countries’ judgments is that established by Italian Legislative Decree No 150/2011. The latter provides that the competent court is the court of appeal of the place where the judgment will be enforced and that the applicable procedural rules are those relating to the summary judgment ( procedi- mento semplificato di cognizione ), provided for by Article 281-decies of the CCP. 3.5 Costs and Time Taken to Enforce Foreign Judgments Enforcing a foreign judgment in Italy can be relative - ly straightforward or more complex, depending on where the judgment originates (EU versus non-EU), the subject matter, and whether the opposing party challenges the process. The main cost heads are: • court fees, which include: (a) filing fees ( contributo unificato ), which varies based on claim value; (b) registration tax; and (c) stamp duties and services; • translation costs; and • legal fees.
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