Italian Supreme Court dismisses appeal due to failure to request accelerated decision within statutory time limits.
Sintesi Legislator
Generato dall'IAThe Italian Supreme Court declared the appeal dismissed and extinguished the proceedings because the appellant failed to request an accelerated decision within the required forty-day period. Rubber division s.r.l. had filed an appeal against a lower court judgment but did not utilize the expedited procedure available under the Civil Procedure Code. Consequently, the court applied the statutory rule that silence on the acceleration request constitutes a waiver, leading to the termination of the case and an order for the appellant to bear the litigation costs.
Regesto Legislator
Generato dall'IAArt. 380-bis, comma 2, cod. proc. civ.; Art. 391, cod. proc. civ.: Failure to request an accelerated decision within the statutory period constitutes a waiver, resulting in the extinction of the proceedings and the losing party bearing the costs.