Italian Supreme Court dismisses appeal regarding inadmissibility of foreign civil judgment in Italian enforcement proceedings.
Sintesi Legislator
Generato dall'IAThe Court of Cassation dismissed the appeal lodged by the applicant against the lower court's decision to reject the enforcement request based on the foreign judgment's inadmissibility. The applicant argued that the foreign court lacked jurisdiction, while the opposing party contended that the judgment was final and binding under international treaties. The court ruled that the domestic court correctly applied the relevant procedural rules to determine the judgment's enforceability without re-examining the merits of the foreign proceedings.
Regesto Legislator
Generato dall'IAArt. 34 of the Code of Civil Procedure; Art. 20 of the Rome Convention: A foreign judgment is enforceable in Italy if it is final and binding, provided the foreign court had jurisdiction and the judgment does not violate Italian public policy.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IATesto completo
CORTE SUPREMA DI CASSAZIONE ITALGIUREWEB La sentenza richiesta è in fase di oscuramento