ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
• the Hague Choice of Courts Convention of 30 June 2005; • the Lugano Convention dated 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and com- mercial matters; and • the Hague Convention concluded on 2 July 2019 on the recognition and enforcement of foreign judgments in civil or commercial mat- ters, entered into force on 1 September 2023. In the absence of existing conventions between Italy and the foreign country, the recognition and enforcement in Italy of judgments and orders issued by authorities of non-EU states, are gov- erned by the rules laid down by Law No 218 of 31 May 1995 (Reform of the Italian system of private international law). According to this law, a foreign judgment is automatically recognised in Italy in the follow- ing cases: • The court that pronounced it had jurisdiction consistent with the principles of jurisdiction recognised under Italian law. • The writ was brought to the defendant’s attention and the defendant’s essential rights of defence were not violated. • The parties have entered an appearance according to the law of the place where the trial was held or the default has been declared in accordance with that law. • It has become res judicata according to the law of the place where it was pronounced. • It is not contrary to any other final judgment of an Italian court. • There is not a trial pending before an Ital- ian court on the same subject matter and between the same parties, which commenced before the foreign trial.
• Its provisions do not produce effects contrary to public order. Since the judgment is automatically recognised in Italy, checking the above conditions for rec- ognisability of the foreign judgment is gener- ally possible but not compulsory. However, an application to ascertain the requirements for rec- ognition is necessary: (i) when the debtor does not comply with the judgment and the creditor intends to enforce it, and (ii) when the debtor challenges the recognition of the foreign judg- ment. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation The following levels of appeal and mechanisms of review are available to a litigant party: • appeal to a court of appeal; • appeal to the Supreme Court of Cassation; • appeal against decisions on the proper venue; • third-party opposition; and • revocation. The third-party opposition and, in certain cas- es, the revocation are “extraordinary appeals” because they can also be brought against judg- ments which are res judicata. 10.2 Rules Concerning Appeals of Judgments Appeal An appeal may be brought against a judgment delivered by a court of first instance. The appel- lant may ask the relevant court of appeal to re- examine in whole or in part the dispute decided
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