European enforcement order - Italy

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Italy

Recognising and enforcing judgements in civil and commercial matters - European enforcement order


1. Procedures for rectification and withdrawal (Art. 10(2))

2. Procedures for review (Art.19 (1))

3. Accepted languages (Article 20(2)(c))

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

1. Procedures for rectification and withdrawal (Art. 10(2))

The procedure for rectification of the European enforcement order certificate referred to in Article 10(2), provided for by Italian legislation, is the rectification of a material error. The relevant provisions are Article 287 et seq. of the Code of Civil Procedure (CPC).

The procedure for withdrawal of the European enforcement order certificate referred to in Article 10(2), provided for by Italian legislation, is the withdrawal in chambers. The relevant provisions of the Code of Civil Procedure are Article 737 et seq. They are initiated by an appeal procedure and conclude with a reasoned order by the court sitting as a panel of judges. A hearing is possible.

2. Procedures for review (Art.19 (1))

In Italian legislation the procedure for review, referred to in Article 19(1), comprises the ordinary appeal (Article 323 et seq. CPC: appeal and appeal on a point of law (ricorso per cassazione)) and the extraordinary appeal (Article 395 CPC).

3. Accepted languages (Article 20(2)(c))

The language accepted as per Article 20(2)(c) is Italian.

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

The designated authority as per Article 25 is the Court [Tribunale].


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Last update: 19/11/2018