Italian Court of Cassation corrects a material error awarding costs to the bankruptcy trustee instead of the State for a free legal aid client.
Sintesi Legislator
Generato dall'IAThe Court of Cassation ordered a material correction to a 2017 order regarding the allocation of litigation costs. The appellant argued that the original order failed to specify that costs should be awarded to the State because the bankruptcy trustee was granted free legal aid. The court found the omission prevented the recovery of advanced costs and ruled that the losing party in a free legal aid case must pay to the State. Consequently, the court mandated rewriting the order to direct the costs to the State and the specific energy companies.
Regesto Legislator
Generato dall'IAArt. 391bis c.p.c.; Art. 133 t.u. n. 115/02: When a party admitted to free legal aid wins, the losing party's costs must be awarded to the State, not the bankruptcy trustee, requiring correction of material errors in the judgment.