Italian court dismisses appeal as withdrawn due to failure to request accelerated decision within 40 days.
Sintesi Legislator
Generato dall'IAThe Court of Cassation declared the appeal withdrawn and extinguished the proceedings because the appellant failed to request the accelerated decision within the statutory 40-day period. Raines s.r.l. filed an accelerated decision proposal under Article 380-bis of the Civil Procedure Code, but did not formally request the ruling on the appeal within the required timeframe. Consequently, the court applied Article 380-bis to deem the appeal renounced and ordered 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 civ.: Failure to request the accelerated decision within forty days deems the appeal withdrawn, leading to the extinction of the proceedings and the award of costs to the appellant.