Enforcement in Italy of Sentences Issued by European Courts
The EC Regulation No. 44/2001 of Dec. 22, 2000 (which substituted Brussel Convention of 27th September 1968) allows the recognition and enforcement in Italy of decisions on civil and commercial matters issued by courts of other member states of European Union.
In order to start a debt collection recovery claim in Italy, on the basis of a sentence inssued in Europe, is necessary to consider the following rules.
The EC Regulation No. 44/2001 of Dec. 22, 2000 (which substituted Brussel Convention of 27th September 1968) allows the recognition and enforcement in Italy of decisions on civil and commercial matters issued by courts of other member states of European Union (excluded Denmark) without any previous approval of special proceeding when:
- Decision is not contrary to public policy of Italy;
- Court of foreign state has not contravened provisions of paragraphs 3, 4 and 6 of EC Regulation No. 44/2001 concerning the summons of defendant;
- Summons has been properly and timely communicated to defendant who did not enter appearance in proceedings;
- Decision is not in contrast with any other previous decision rendered between the same parties in Italy or with another decision rendered abroad, which may be recognised in Italy.
As per EC Regulation No. 44/2001 the party who wants to enforce a decision in Italy shall have to present the request to the competent Court of Appeal jointly with following documents:
- Authenticated copy of decision;
- Statement pursuant to Arts. 53, 54 and Annex V of EC Regulation No. 44/2001.
The party who wants to oppose this decision on such request may submit recourse to competent Court of Appeal; the decision of the Court of Appeal can be challenged in front of the Court of Cassation.
ABOUT THE AUTHOR: Francesco Misuraca, Ph.d., J.D., Attorney At Law
Practice: Lawyer admitted to the bar since October 1998, Francesco is Ph.D. in Theory and Philosophy of Law and partner of SMAF & Associates law firm, and his professional experiences consist in drafting of international agency and distribution agreements, patent applications, patent licences, legal comments on international law matters, incorporation of companies in foreign countries, International Tax planning (Gibraltar Trust, Liechtenstein Foundation, Delaware LLC, etc.).
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.