INTRANET
Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

The measures declaring the extinction of enforcement procedures for motives other than those set out in the normal code can be challenged by opposition to the enforcement deeds

Civil Supreme Court, Section III, Judgment no. 8404 of 29 April 2020. Pres. Adelaide Amendola. Est. Tatangelo

date: 05.06.2020
Area: Litigation and Arbitration

In its ruling no. 8404 of 2020, the Supreme Court ruled that the measures by which the Judge declares the extinction of the enforcement proceeding, noting the presence of circumstances other than those expressly provided for by the Code of Procedure, may be challenged only with an opposition to the enforcement deeds. Consequently, the Supreme Court ruled out the possibility that such measures may be challenged through the complaint provided for by Article 630 of the Italian Criminal Code, which, if lodged, must be declared inadmissible.

The measures declaring the extinction of enforcement procedures for motives other than those set out in the normal code can be challenged by opposition to the enforcement deeds

Civil Supreme Court, Section III, Judgment no. 8404 of 29 April 2020. Pres. Adelaide Amendola. Est. Tatangelo

date: 05.06.2020
Area: Litigation and Arbitration

In its ruling no. 8404 of 2020, the Supreme Court ruled that the measures by which the Judge declares the extinction of the enforcement proceeding, noting the presence of circumstances other than those expressly provided for by the Code of Procedure, may be challenged only with an opposition to the enforcement deeds. Consequently, the Supreme Court ruled out the possibility that such measures may be challenged through the complaint provided for by Article 630 of the Italian Criminal Code, which, if lodged, must be declared inadmissible.