Cassation court dismisses appeal for failure to prove prior argumentation on contractual link and good faith.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the appeal filed by Pentaplus S.R.L. against a lower court's decision enforcing a supply contract linked to a failed preliminary sales agreement. The appellant argued that the supply contract should be resolved due to the failure of the preliminary contract, claiming the lower court ignored the specific contractual connection and the principle of good faith. The court dismissed the appeal because the appellant failed to demonstrate that this specific legal issue was previously raised and argued before the court of first instance, violating the principle of specificity of grounds.
Regesto Legislator
Generato dall'IAArt. 363-bis, c.p.c.; Art. 13, comma 1-quater, d.P.R. n. 115/2002: An appellant challenging a judgment on substantive grounds must prove the specific issue was previously argued before the court of first instance to avoid inadmissibility based on novelty.