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The lawyer may be ordered to pay the costs of the proceedings himself if he has acted on an inexistent power of attorney

Civil Supreme Court, Section V, Taxation, 07 May 2020, no. 8591. Pres. Locatelli. Est. Fraulini

date: 10.06.2020
Area: Litigation and Arbitration

With Ruling no. 8591 of 2020, the Supreme Court ruled that the party’s lawyer may be ordered to pay his own costs if he acted on an inexistent power of attorney. Consequently, for the defendant to be ordered to pay the costs of the lawsuit, it is not sufficient that the power of attorney granted is null and void, but, in fact, the procedural relationship is validly established and it will eventually be the judge who will have to order its renewal once the nullity has been found.

The lawyer may be ordered to pay the costs of the proceedings himself if he has acted on an inexistent power of attorney

Civil Supreme Court, Section V, Taxation, 07 May 2020, no. 8591. Pres. Locatelli. Est. Fraulini

date: 10.06.2020
Area: Litigation and Arbitration

With Ruling no. 8591 of 2020, the Supreme Court ruled that the party’s lawyer may be ordered to pay his own costs if he acted on an inexistent power of attorney. Consequently, for the defendant to be ordered to pay the costs of the lawsuit, it is not sufficient that the power of attorney granted is null and void, but, in fact, the procedural relationship is validly established and it will eventually be the judge who will have to order its renewal once the nullity has been found.