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

The order pursuant to art. 615 of the Italian Code of Civil Procedure issued by the Judge in cases of opposition to writs, effectively absorbs ex tunc the effects of the decree suspending the ex parte provisional relief

Court of Lecce, 02 July 2020. Pres., est. Silvestrini

date: 31.07.2020
Area: Litigation and Arbitration

The order pursuant to art. 615 of the Italian Code of Civil Procedure issued by the judge in the opposition proceedings, effectively absorbs ex tunc the effects of the decree suspending the ex parte provisional relief. Consequently, if the enforcement process has been filed and continued, the enforcement initiated by the creditor in the proceeding, will be valid because the order to amend and/or revoke the decree without hearing the other party has retroactive effect, making the decree tamquam not esset.

The order pursuant to art. 615 of the Italian Code of Civil Procedure issued by the Judge in cases of opposition to writs, effectively absorbs ex tunc the effects of the decree suspending the ex parte provisional relief

Court of Lecce, 02 July 2020. Pres., est. Silvestrini

date: 31.07.2020
Area: Litigation and Arbitration

The order pursuant to art. 615 of the Italian Code of Civil Procedure issued by the judge in the opposition proceedings, effectively absorbs ex tunc the effects of the decree suspending the ex parte provisional relief. Consequently, if the enforcement process has been filed and continued, the enforcement initiated by the creditor in the proceeding, will be valid because the order to amend and/or revoke the decree without hearing the other party has retroactive effect, making the decree tamquam not esset.