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In case of inadmissibility of the appeal

Civil Supreme Court, Section VI, 03 March 2020, Judgement no. 5712. Pres. Frasca. Est. D’Arrigo

date: 13.05.2020
Area: Litigation and Arbitration

If the appeal is inadmissible, the Italian Supreme Court concluded that it is impossible to proceed with a “translatio iudicii“. In such cases, in fact, because the appeal filed is inadmissible, it would not be suitable to determine the establishment of a regular procedural relationship, nor could the appeal be converted into an appeal before the superior court, since it lacks the requirements of validity of the aforementioned act, as well as the obvious structural discrepancy between the inadmissible appeal and the appeal before the superior court.

In case of inadmissibility of the appeal

Civil Supreme Court, Section VI, 03 March 2020, Judgement no. 5712. Pres. Frasca. Est. D’Arrigo

date: 13.05.2020
Area: Litigation and Arbitration

If the appeal is inadmissible, the Italian Supreme Court concluded that it is impossible to proceed with a “translatio iudicii“. In such cases, in fact, because the appeal filed is inadmissible, it would not be suitable to determine the establishment of a regular procedural relationship, nor could the appeal be converted into an appeal before the superior court, since it lacks the requirements of validity of the aforementioned act, as well as the obvious structural discrepancy between the inadmissible appeal and the appeal before the superior court.