Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
6.
Appeals
6.1
Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?
 
Italy
Decisions of the Italian ordinary courts in relation to the enforcement of foreign judgments can be appealed before the court of appeal. The decision of the court of appeal can be challenged before the Supreme Court.

As regards non-EU judgments, decisions of the court of appeal in relation to the recognition and enforcement of foreign judgments can be challenged before the Supreme Court.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
6.2
Can the applicant seek injunctive relief while the appeal is pending?
 
Italy
In principle, injunctive relief pursuant to Article 700 of the Italian Code of Civil Procedure can be sought by the party concerned whenever no other specific interim or provisional measures apply. It is possible to seek injunctive relief only if the applicant can prove that:

  • it has a prima facie case; and
  • there is a risk that its rights may be compromised while the proceedings are pending.
For more information about this answer please contact: Matilde Rota from Studio Legale Withers