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 extinguished because the appellant failed to request an accelerated decision within the required forty-day period. The appellant, an engineer, challenged a municipal decree against the Comune di Mandatoriccio, but the court noted the lapse of time since the acceleration proposal was communicated. Consequently, the court ruled that the appeal constituted a waiver under the Code of Civil Procedure, leading to the dismissal 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 of the appeal, resulting in the extinction of the proceedings.