ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
or, if the parties did not agree on an interest rate, (ii) the interest rate established by the law for late payments in commercial transactions or (iii) the general interest rate established by the law in all other cases (also in these other cases, the interest rate in (ii) above applies after the legal action is started). The successful party is generally not entitled to collect interest based on the period before judg- ment is entered in case of claim for damages, in which case the judge usually determines the amount of damages on the date of the judgment. According to the Civil Code, the limitation period to claim interest is five years. Post-judgment Interest The successful party is generally entitled to col- lect interest accruing after judgment is entered. According to the Civil Code, the limitation period to claim interest is five years. 9.4 Enforcement Mechanisms of a Domestic Judgment The general rule is that first instance judgments are immediately enforceable even pending an appeal (unless the appellate judge orders a stay). In exceptional cases (eg, in case of “constitu- tive” judgments), the enforcement is only pos- sible when the judgments become res judicata. Enforcement of a domestic judgment must be preceded by a formal request to the debtor to comply with the judgment within ten days, warning him that, failing that, enforcement will be levied. The Code of Civil Procedure provides for three enforcement mechanisms:
• the expropriation of the debtor’s money or property (including the garnishment of the debtor’s bank account); • enforcement by delivery or release of a spe- cific movable or immovable property; and • enforcement of obligations to act or refrain from acting. 9.5 Enforcement of a Judgment From a The recognition in Italy of judgments issued by a court of an EU member state is governed by Brussels Recast. Brussels Recast provides that judgments deliv- ered in another member state are automatically recognised without the need for an ad hoc pro- cedure. Foreign Country EU Member States The notion of “judgment” referred to in Brus- sels Recast includes provisional and protective measures issued by an authority that has juris- diction as to the substance of the matter. Provi- sional and protective measures issued without the defendant being summoned to appear are excluded unless the judgment has been served on the defendant prior to enforcement. Brussels Recast has extended the abolition of the exequatur system to the enforcement stage. Consequently, a judgment given in a member state and enforceable there is automatically enforceable in the other member states without the need for a declaration of enforceability by the national court. Non-EU States Italy is a signatory to the following international conventions:
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