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Results: 4 Answers
Enforcement of Foreign Judgments
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
 
Italy
EU judgments are recognised without the need for any procedure or declaration of enforceability.

For the purposes of enforcement, an application must be filed before the competent Italian court pursuant to Article 42 of the Brussels I Recast Regulation.

Non-EU judgments are recognised without the need for any procedure. However, to enforce the judgment, an application must be filed with the Italian court of appeal of the place of enforcement.

As regards the legal effects, recognition confers on the foreign judgment the same authority and effectiveness as in the state of origin. The purpose of the enforcement procedure is to allow the applicant to obtain what it is entitled to pursuant to that judgment.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
3.2
What is the formal process for recognition and enforcement?
 
Italy
EU judgments are recognised without the need for any special procedure.

For the purposes of enforcement, the competent Italian court should be provided with a true copy of the judgment and a document issued pursuant to Article 53 of the Brussels I Recast Regulation certifying that the judgment is enforceable.

As regards non-EU judgments, an application must be filed with the court of appeal of the place of enforcement. The procedure is regulated pursuant to Articles 702-bis and following of the Italian Code of Civil Procedure.

Upon receiving the application, the court of appeal will schedule the date of the hearing and give the defendant a deadline by which to file its defence.

Usually, only one hearing takes place during the course of the proceedings before the court of appeal issues its judgment.

The judge will issue an order recognising the non-EU judgment and order that the Court Registry declare the non-EU judgment enforceable.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
3.3
What documents are required in support of an application for recognition and enforcement?
 
Italy
For the enforcement of EU judgments (Article 42(1) of the Brussels I Recast Regulation):

  • a true copy of the judgment; and
  • documentation certifying that the judgment is enforceable pursuant to Article 53 of the Brussels I Recast Regulation.

For the enforcement of a judgment ordering provisional, including protective, measures (Article 42(2) of the Brussels I Recast Regulation):

  • a true copy of the judgment;
  • documentation issued pursuant to Article 53 of the Brussels I Recast Regulation containing a description of the measure and certifying that:
    • the court had jurisdiction as regards the substance of the matter; and
    • the judgment is enforceable in the member state of origin; and
  • in case of ex parte measures, proof of service of the judgment.

For the enforcement of non-EU judgments:

  • a true copy of the judgment;
  • documentation certifying that the judgment is final and binding between the parties; and
  • a certified translation of the judgment and of the certificate.
For more information about this answer please contact: Matilde Rota from Studio Legale Withers
3.4
What fees are payable for recognition and enforcement?
 
Italy
EU judgments are directly recognised and enforceable in any other EU member state, with no need to pay fees in relation to special procedures.

With regard to the procedure for the recognition and enforcement of non-EU judgments, the fees are calculated pursuant to Italian Ministry Decree 55/2014 based on the monetary value of the case.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
3.5
Is the applicant required to provide security for costs?
 
Italy
No, the applicant is not required to provide security for costs.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
3.6
How long does it usually take to obtain a declaration of enforceability?
 
Italy
This depends on the workload of the Italian court before which the proceedings are pending and on any objections raised by the party against which enforcement is sought.

In any case, obtaining a declaration of enforceability usually takes between six and 12 months.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
3.7
Can the applicant seek injunctive relief while the process is ongoing?
 
Italy
In principle, it is possible to seek injunctive relief (Article 700 of the Italian Code of Civil Procedure) while the process is ongoing. Italian courts grant injunctive relief only if the applicant proves that:

  • it has a prima facie case; and
  • there is a risk that its rights may be compromised while the proceedings are pending.

However, it is unlikely that injunctive relief will be granted while the process is ongoing, as the debtor is already subject to restraints while the proceedings are pending.

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