ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
• other emergency measures, that are not expressly provided for by law but suitable for provisionally securing the effects of the deci- sion on the merits; and • orders that safeguard the right of possession. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Please see 4.7 Application/Motion Timeframe . 6.3 Availability of Injunctive Relief on an Ex Parte Basis If summoning of the other party could jeopard- ise the effectiveness of the injunctive relief, the court adopts the measure by decree “inaudita altera parte”, based on summary information if necessary. In such a case, a hearing must be set for the parties to appear within a period not exceeding 15 days, assigning a time limit to the applicant (no more than eight days) for the service. At the hearing, the court may confirm, modify or revoke the measure. 6.4 Liability for Damages for the Applicant Under Article 96 ICCP, if the court determines that the right for which the interim measure was granted does not exist, it may, upon the request of the opposing party, order the applicant to pay damages if the applicant failed to exercise ordinary diligence in pursuing the measure. Additionally, the court may impose a penalty on the applicant, requiring payment of an amount between EUR500 and EUR5,000 to the public treasury. Under Article 669-undecies ICCP, the court may impose a security requirement on the applicant when granting, modifying, or confirming injunc- tive relief. This security acts as a guarantee for
potential damages should the measure later be lifted. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief can be granted against world- wide assets of the respondent. 6.6 Third Parties and Injunctive Relief Injunctive relief may be obtained against third parties. For example, a conservative seizure order can be applied to receivables or assets owed or held by third parties on behalf of the respondent, provided that the attachment of such assets is legally permissible. 6.7 Consequences of a Respondent’s Non-compliance If a respondent fails to comply with the terms of an injunction involving assets, receivables and property, the applicant may proceed with their attachment. If a respondent fails to comply with the terms of an injunction involving obligations to deliver, release, act, or refrain from acting, enforcement is overseen by the court through a competent bailiff. The court may impose a penalty under Article 614-bis ICC for any infringement or non-com- pliance subsequently determined and any delay in executing the order. 7. Trials and Hearings 7.1 Trial Proceedings The civil trial before the court consists of three stages: • opening phase; • collection of evidence phase; and • decisional phase.
665 CHAMBERS.COM
Powered by FlippingBook