Cassation court dismisses appeal regarding bank document production, ruling internal judgment bars new arguments.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected Salvatore Russo's appeal against the Second Civil Section of the Court of Appeal of Naples. Russo argued that the lower court erred in rejecting his request for bank documents under Article 210 of the Civil Procedure Code, claiming special banking laws should override general procedural limits. The court held that the appellate court correctly applied the internal judgment's reasoning, which found the request inadmissible due to both lack of proof of bank inertia and the request's generic nature, thereby precluding the appellant's new legal arguments.
Regesto Legislator
Generato dall'IAArt. 210 c.p.c.; Art. 119 TUB: The internal judgment's finding on the inadmissibility of a document production request due to lack of proof of inertia and genericity precludes subsequent cassation appeals based on violations of special banking laws regarding such requests.