INTRANET
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The right to bring a legal action is a condition for a decision on the merits

Court of Naples, 04 February 2020. Pres. Raffone. Est. Federica Colucci

date: 05.05.2020
Area: Litigation and Arbitration

In the ruling under examination and starting from the principle of law according to which the right to bring legal action constitutes a condition of the action aimed at obtaining a decision on the merits, for the purpose of the proceedings, the Court of Naples only considered relevant the legal aspect on which the action undertaken is based. Consequently, according to the Court of First Instance, it is appropriate for the delegated judge to disregard the actual ownership of the relationship implied in the proceedings, and refer, instead, to the merits of the case or to the requirements of its acceptability. It follows, therefore, that, unlike the “legitimatio ad causam”, understood as the right to act before the judge, based solely on the allegation of the party, a favourable or unfavourable decision on the merits with the possible exception relating to the actual ownership of the relationship deduced in court, referring to the merits of the claim, will not be detectable ex officio, but will, rather, be entrusted to the willingness of the parties who will have to form it promptly in the event that they want to assert it.

The right to bring a legal action is a condition for a decision on the merits

Court of Naples, 04 February 2020. Pres. Raffone. Est. Federica Colucci

date: 05.05.2020
Area: Litigation and Arbitration

In the ruling under examination and starting from the principle of law according to which the right to bring legal action constitutes a condition of the action aimed at obtaining a decision on the merits, for the purpose of the proceedings, the Court of Naples only considered relevant the legal aspect on which the action undertaken is based. Consequently, according to the Court of First Instance, it is appropriate for the delegated judge to disregard the actual ownership of the relationship implied in the proceedings, and refer, instead, to the merits of the case or to the requirements of its acceptability. It follows, therefore, that, unlike the “legitimatio ad causam”, understood as the right to act before the judge, based solely on the allegation of the party, a favourable or unfavourable decision on the merits with the possible exception relating to the actual ownership of the relationship deduced in court, referring to the merits of the claim, will not be detectable ex officio, but will, rather, be entrusted to the willingness of the parties who will have to form it promptly in the event that they want to assert it.