Cassation court dismisses appeal for failure to specify procedural error in second-instance judgment regarding construction defects.
Italia (IT)
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the appeals filed by Ferrari S.R.L. and UnipolSai against the Second Instance Court's dismissal of a construction defect claim. The appellant argued procedural errors but failed to provide specific grounds for the alleged error in the second-instance judgment as required by law. Consequently, the court held that the appeals were inadmissible due to this lack of specificity and dismissed them, ordering the appellants to pay the respondent's legal costs.
Regesto Legislator
Generato dall'IAArt. 342 c.p.c.; Art. 92, comma 2, c.p.c.: The exercise of the power of direct examination of the merits judgment presupposes the admissibility of the ground of criticism, requiring the appellant to specifically detail the procedural error and the factual basis within the cassation petition.