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PAGE CONTENTS
- FINDING COMPETENT COURTS/AUTHORITIES
- Article 64(1) (a) - the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) and with appeals against decisions on such applications in accordance with Article 49(2)
- Article 64(1) (b) - the procedures to contest the decision given on appeal referred to in Article 50
- Article 65 (1) - the list of the other authorities and legal professionals referred to in Article 3(2)
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FINDING COMPETENT COURTS/AUTHORITIES
The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.
Article 64(1) (a) - the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) and with appeals against decisions on such applications in accordance with Article 49(2)
The court with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) is the Court of Appeal (Corte di Appello) with territorial jurisdiction. The Court delivers its judgment in chambers without the parties being heard, in accordance with Articles 737 and 738 of the Code of Civil Procedure.
An appeal may be brought against a ruling delivered in chambers within 60 days of service of the order. The court with competence to deal with appeals against decisions on applications for a declaration of enforceability in accordance with Article 49(2) for the reasons laid down in Article 360 of the Code of Civil Procedure is the Supreme Court of Cassation (Suprema Corte di Cassazione).
Article 64(1) (b) - the procedures to contest the decision given on appeal referred to in Article 50
The decision given on appeal may be contested through:
1) an application for review in accordance with Articles 391-bis and 391-ter of the Code of Civil Procedure;
2) an application initiating third-party proceedings in accordance with Article 391-ter of the Code of Civil Procedure.
An application for correction may also be submitted against the decision if the judgment is affected by clerical mistakes or errors in calculation.
Article 65 (1) - the list of the other authorities and legal professionals referred to in Article 3(2)
For the purposes of Article 3(2) this includes:
lawyers acting under the assisted negotiation (negoziazione assistita) procedure in accordance with Article 6 of Decree-Law No 132 of 2014; and
civil registrars acting under the assisted negotiation procedure in accordance with Article 12 of Decree-Law No 132 of 2014.
Last update:
04/09/2024
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