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An appeal against a seizure notice shall take the form of a legal action for negative assessment of the claim

Civil Supreme Court, Section III, Judgment no. 7756 of 08 April 2020. Pres. Adelaide Amendola. Est. Porreca

date: 05.06.2020
Area: Litigation and Arbitration

With this ruling, the Supreme Court clarified that the appeal against the seizure notice takes the form of a legal action for negative assessment of the claim. It follows that, at the time of the final decision, the plaintiff has an interest in obtaining a declaration to inhibit the seizure notice, even if a further request to ascertain the non-existence or illegitimacy of the grounds for the claim on which the seizure notice was based has been made.

An appeal against a seizure notice shall take the form of a legal action for negative assessment of the claim

Civil Supreme Court, Section III, Judgment no. 7756 of 08 April 2020. Pres. Adelaide Amendola. Est. Porreca

date: 05.06.2020
Area: Litigation and Arbitration

With this ruling, the Supreme Court clarified that the appeal against the seizure notice takes the form of a legal action for negative assessment of the claim. It follows that, at the time of the final decision, the plaintiff has an interest in obtaining a declaration to inhibit the seizure notice, even if a further request to ascertain the non-existence or illegitimacy of the grounds for the claim on which the seizure notice was based has been made.