ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
issue an order dismissing the application if it is manifestly unfounded or if the nullity of the summons has not been cured or the subject of the claim is absolutely uncertain. The order can be appealed and does not acquire the force of res judicata. 4.3 Dispositive Motions Please see 4.2 Early Judgment Applications . 4.4 Requirements for Interested Parties to Join a Lawsuit An interested party that is not the plaintiff/claim- ant or defendant may join a lawsuit in the follow- ing cases. Voluntary Joinder Any interested party may join proceedings between other parties in order to assert a claim against all or some of them that relates to the subject matter of, or is dependent upon, the cause of action in the proceedings. The inter- ested party may also intervene to support the arguments of other parties if they have an inter- est of their own in the case. The third party can join the proceedings by filing a statement of defence before the filing of the final briefs. Joinder Upon Request of One of the Parties The parties involved in the proceedings may request to sue a third person whom they con- sider to have a common interest in the case or who is liable for securing the claims. Under penalty of forfeiture, the defendant wish- ing to sue the third party must do so in the state- ment of defence. On the other hand, the plaintiff may request the court’s authorisation to sue a third party if
the need arises as a result of the defendant’s defence in the statement of defence. Joinder Upon the Court’s Order The court itself may order the inclusion of a third person in the proceedings if it determines that the case is sufficiently connected to that indi- vidual. The court can order the intervention of a third party at any stage of the proceedings. 4.5 Applications for Security for Defendant’s Costs The defendant cannot apply for an order that the plaintiff/claimant must pay a sum of money as security for the defendant’s costs. In ordinary proceedings, there is no security for the defend- ant’s legal costs. However, in interim proceedings, in the order granting or confirming the precautionary meas- ure, the court may impose a security for dam- ages on the applicant, having assessed all the circumstances. 4.6 Costs of Interim Applications/ Motions Courts deal with the costs of an interim applica- tion/motion filed before proceedings in the deci- sion on the interim measure if (i) the measure is not granted or (ii) the measure is granted and it is not compulsory to initiate proceedings on the merits (please see 4.2 Early Judgment Applica- tions ). The costs of interim applications/motions requested during the proceedings on the merits are awarded by the court in the final judgment. 4.7 Application/Motion Timeframe Courts generally deal with an application/motion within a period of one to six months, depending on the complexity of the case and on the number
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