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Failure to reopen the proceeding for opposition to an injunction within the terms provided for by Article 393 of the Italian Criminal Code shall automatically terminate the entire proceedings

Civil Supreme Court, Section III, Judgment no. 8114 of 23 April 2020. Pres. Adelaide Amendola. Est. Valley

date: 05.06.2020
Area: Litigation and Arbitration

If the judgement on the merits with which the Judge had ruled in favour of the opposition proposed against an injunction is quashed with postponement, failure to resume the trial within the period prescribed by Article 393 of the Italian Criminal Code leads to the automatic extinction of the entire proceedings, with the consequent invalidity of the monitoring measure. It follows, therefore, that, in such cases, the error in declaring enforceability of the invalid injunction must be asserted through the opposition to enforcement and not, with a revocation pursuant to art. 395, paragraph 1, no. 5, of the Italian Code of Civil Procedure. The latter, in fact, takes the form of an instrument that can be used when the revocation measure is in contrast with the previous judgement and not, rather, with the judgement issued subsequently.

Failure to reopen the proceeding for opposition to an injunction within the terms provided for by Article 393 of the Italian Criminal Code shall automatically terminate the entire proceedings

Civil Supreme Court, Section III, Judgment no. 8114 of 23 April 2020. Pres. Adelaide Amendola. Est. Valley

date: 05.06.2020
Area: Litigation and Arbitration

If the judgement on the merits with which the Judge had ruled in favour of the opposition proposed against an injunction is quashed with postponement, failure to resume the trial within the period prescribed by Article 393 of the Italian Criminal Code leads to the automatic extinction of the entire proceedings, with the consequent invalidity of the monitoring measure. It follows, therefore, that, in such cases, the error in declaring enforceability of the invalid injunction must be asserted through the opposition to enforcement and not, with a revocation pursuant to art. 395, paragraph 1, no. 5, of the Italian Code of Civil Procedure. The latter, in fact, takes the form of an instrument that can be used when the revocation measure is in contrast with the previous judgement and not, rather, with the judgement issued subsequently.