Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
2.
Requirements for enforceability
2.1
What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?
 
Italy
The judgments that are generally recognised and enforced in Italy are declaratory, constitutive, monetary and non-monetary, default and specific performance judgments. They may be in the form of decrees, orders or decisions.

No specific type of judgment is precluded from enforcement. However, any judgment should be issued in accordance with the Italian Code of Civil Procedure and should not be contrary to public policy.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
2.2
Must a foreign judgment be final and binding before it can be enforced?
 
Italy
EU judgments rendered in a member state which are enforceable in that member state shall be enforceable in another member state (Italy) without any declaration of enforceability being required. They need not be final and binding.

Non-EU judgments must be final and binding.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
 
Italy
EU judgments subject to appeal are enforceable in Italy if they are enforceable under the law of the member state of origin.

The court before which a judgment rendered in another member state is invoked may suspend the proceedings in whole or in part if the judgment is challenged in the member state of origin.

Non-EU judgments cannot be recognised in Italy unless they are final and binding.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
2.4
What is the limitation period for making an application for recognition and enforcement?
 
Italy
There is no specific provision on the limitation period within which an application for recognition and enforcement should be made.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers