ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
at first instance, but cannot bring new claims or raise new defences. Appeal to the Supreme Court of Cassation Decisions rendered by a court of appeal and, in certain cases, decisions rendered by a court of first instance, may be challenged before the Supreme Court of Cassation on the following grounds only: • violation of the rules on jurisdiction or on proper venue; • violation or misapplication of the rules of law (and national collective labour contracts and agreements); • nullity of the judgment or proceedings; and • failure to examine a fact that is decisive for the case and was discussed between the parties. Appeal Against Decisions on the Proper Venue This special appeal is used to resolve conflicts concerning the proper venue between two or more courts. It is brought directly before the Court of Cassation. Revocation Judgments rendered by a court of appeal (and, in certain cases, by a court of first instance) may be challenged by way of revocation if: • they are the result of fraud committed by one party against the other party; • they were based on evidence that was recog- nised or declared false after the judgment or that the losing party was unaware of having been recognised or declared false before the judgment; • after the judgment, one or more decisive documents were found that the party had
not been able to submit in court due to force majeure or due to the other party’s actions; • they are the effect of an error of fact resulting from the acts and documents in the case; • the judgment is contrary to another previous judgment which is res judicata between the parties, provided that it did not rule on the relevant objection; and • the judgment is the result of the judge’s fraud, which has been ascertained in a final judg- ment. The recent Cartabia Reform has introduced a new case of revocation (subject to certain condi- tions) against final judgments whose content has been declared by the European Court of Human Rights to be contrary to the Convention for the Protection of Human Rights and Fundamental Freedoms or one of its Protocols. Third-Party Opposition Third-party opposition may be brought: • by a third party if the judgment prejudices its rights; and • by successors and creditors of one of the parties when the judgment is the result of fraud or collusion to their detriment. 10.3 Procedure for Taking an Appeal The appeal against a judgment delivered by a court of first instance must be brought by a writ of summons within: • 30 days after service of the judgment; or • six months from the publication of the judg- ment. The party against whom the appeal is brought must enter an appearance twenty days before the first hearing and, if it also wants to appeal the judgment, it must submit a cross-appeal.
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