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Registering the case before serving the summons is neither inexistent nor ineffective for the plaintiff

Civil Superior Court, Section VI, 15 September 2020, Judgement no. 19118. Pres. Scoditti. Est. Iannello

date: 27.10.2020
Area: Litigation and Arbitration

With this ruling, the Superior Court concluded that registration as a plaintiff is neither non-existent nor ineffective if it took place before the service of the summons. In essence, should the plaintiff register the case, prior to serving the summons, the judgment will not be null and void. On this point, in fact, the Superior Court held that the inversion of the time order established by law for the two procedural activities of service and registration does not entail the exclusion of the structural link that binds them. Therefore, the defendant in absentia cannot invoke this circumstance as the motive for lack of knowledge of the trial, for the purposes of lodging the appeal after the expiry of the term referred to in Article 327 of the Italian Code of Civil Procedure, since it is possible to derogate from the general rule only in the cases strictly provided for in the second paragraph of said Article.

Registering the case before serving the summons is neither inexistent nor ineffective for the plaintiff

Civil Superior Court, Section VI, 15 September 2020, Judgement no. 19118. Pres. Scoditti. Est. Iannello

date: 19.10.2020
Area: Litigation and Arbitration

With this ruling, the Superior Court concluded that registration as a plaintiff is neither non-existent nor ineffective if it took place before the service of the summons. In essence, should the plaintiff register the case, prior to serving the summons, the judgment will not be null and void. On this point, in fact, the Superior Court held that the inversion of the time order established by law for the two procedural activities of service and registration does not entail the exclusion of the structural link that binds them. Therefore, the defendant in absentia cannot invoke this circumstance as the motive for lack of knowledge of the trial, for the purposes of lodging the appeal after the expiry of the term referred to in Article 327 of the Italian Code of Civil Procedure, since it is possible to derogate from the general rule only in the cases strictly provided for in the second paragraph of said Article.