Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Enforcement of Foreign Judgments
8.
Trends and predictions
8.1
How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
 
Italy
As regards non-EU judgments, other than a few amendments in 2013 and 2017, Law 218/1995 has remained unchanged over the years.

Some scholars have advocated for reform of the provisions on recognition and enforcement of non-EU judgments, to make them more consistent with the European instruments. Specifically, they argue that reforms should address issues such as:

  • the express prohibition against a review of the merits of foreign judgments; and
  • the recognition and enforcement of interim or provisional measures.

However, a reform of Law 218/1995 does not seem to be on the agenda of the Italian legislature.

Conversely, there have been some relatively recent significant court cases concerning the recognition and enforcement of foreign judgments.

In Judgment 16601 of 5 July 2017, the Italian Supreme Court resolved the debated issue of the enforceability in Italy of foreign judgments ordering the losing party to pay punitive damages. Such judgments raised concerns regarding their compatibility with public policy in Italy and the case law on the issue was divided. The Supreme Court found that punitive damages are not per se contrary to public policy, and that if certain conditions are met, a foreign judgment ordering a party to pay punitive damages can be declared enforceable in Italy.

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