ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
7.8 General Timeframes for Proceedings The typical duration of civil cases in commercial disputes is: • before a court of first instance: from three to five years; • before a court of appeal: from two to five years; and • before the Supreme Court of Cassation: from two to five years. The duration can be shorter when simplified pro- ceedings are carried out (please see 7.1 Trial Proceedings ). Court approval is not required to settle a law- suit, except in certain matters (eg, employment matters). 8.2 Settlement of Lawsuits and Confidentiality The settlement of a lawsuit can remain confiden- tial (unless one of the parties needs to enforce it in court). In addition, in certain cases the judge can order the disclosure of the terms of set- tlement (eg, in multiparty litigation when only some of the parties settle, the judge can order the disclosure of the settlement to determine its impact, if any, on the claims against the remain- ing defendants). 8.3 Enforcement of Settlement Agreements If a party does not comply with its obligations under the settlement agreement, the latter can be enforced as follows: 8. Settlement 8.1 Court Approval
• If the plaintiff does not comply with its obliga- tion to abandon the case, the defendant can file the settlement in court to have the case declared closed. • If the defendant does not comply with its obligation to pay the settlement amount, the plaintiff can seek an order for payment against the defendant (or, if the settlement agreement meets certain requirements, can initiate an enforcement action (eg, a seizure or garnishment) against the plaintiff). 8.4 Setting Aside Settlement Agreements The settlement agreement has binding force between the parties. It can be set aside under the general rules appli- cable to the termination of agreements, subject to certain exceptions. For example, if the settle- ment agreement replaced and superseded pre- vious agreements, the settlement can only be terminated for breach of contract if this has been expressly provided for in the same agreement. In addition, the law provides for special cases when the settlement agreement can be set aside. For example, under certain circumstanc- es, the settlement agreement can be set aside if documents discovered after the settlement was entered into prove that one of the parties did not have any right. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The awards available to a successful litigant at a full trial stage are: • the establishment of the right claimed by the successful litigant;
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