Cassation appeal dismissed due to failure to request decision within 40 days, resulting in case extinction.

The Court of Cassation declared the appeal extinct because the appellant failed to request a decision within the mandatory 40-day period following the proposal. The appellant, Lorenzo Di Paolo, had not responded to the court's proposal to define the judgment, while the respondent, Sevel, maintained the procedural default. Consequently, the court ruled that the appeal was deemed withdrawn under Article 380-bis of the Code of Civil Procedure and ordered the appellant to bear the litigation costs.