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posted 3 years ago
Now the Brexit transition period is over any judgement in an English court which needs to be enforced in Italy is now treated as a foreign judgment. In order to enforce a foreign judgement, an application will need to be made to the Italian Court of Appeal. If your application is not contested, then after 30 days, enforcement proceedings can start. There is no limitation period for enforcement.
Various different types of judgements can be enforced. You can enforce foreign money judgments or awards, declaratory judgments, injunctions, default judgments, enforcement orders and attachment orders amongst others in Italy. Whilst an EU judgment in another EU country can be enforced by filing a copy of the judgment and a certificate from the court where the judgment was issued based on the Recast Brussels Regulation. Non-EU judgements are subject to different regulations.
The enforcement of domestic judgments is governed by the Italian Code of Civil Procedure (CPC). Article 282 states that first instance judgments are provisionally enforceable between the parties to the proceedings and this is the general principle of enforceability of a first instance judgment (starting from the publication of the judgment).
However, the enforcement of non-EU judgments is governed by the Italian International Private Law (Law 218/1995), which makes provision to recognise a foreign judgment which complies with the requirements of the Italian judicial system.
In order to be enforceable in Italy, a non-EU judgment, must be final and legalised by an apostille. This applies to all countries party to the HCCH Convention Abolishing the Requirement of Legalisation for Foreign Public Documents 1961 (Apostille Convention).
Under Italian law, there is a legal distinction between the recognition and enforcement of a judgment: recognition makes the foreign judgment effective in the Italian legal system, whereas enforcement meets in practical terms the requirements of the party that wishes to rely the Italian courts for enforcement purposes.
The main conditions required in order to enforce a foreign judgment are as follows:
Enforcement proceedings are adversarial. First instance judgments are provisionally enforceable on publication. The declaration of enforceability is granted in a very short time (usually one week). The limitation period for enforcing a domestic judgment is ten years. To enter a case on the court docket there is a small charge.
Domestic Judgments
The following types of judgments are enforceable:
The enforcement of the domestic judgments meeting the requirements provided under Italian law cannot be excluded.
Excluded Judgments
The following types of judgments are excluded:
Enforceable Foreign Judgments
The following are enforceable in Italy, if they are enforceable according to the place of issue or delivery:
Other judgments
The following decisions are enforceable in Italy:
Excluded Judgments
The following are excluded:
For more information about the enforcement of judgments in Italy please click here
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