Judgments handed down in the courts of other countries will soon be enforceable in Italy without danger of a "re-hearing" thanks to the Law of June 3, 1995, no. 218. Previous Italian law allowed the court to examine the merits of a foreign judgment if it was issued in default or a party alleged to have found new documentary evidence (now-abrogated Art. 798, Code of Civil Procedure). Article 64 of Law 218/95 provides for enforcement without any proceeding if the foreign court had jurisdiction according to the jurisdictional principles of the Italian legal system, service of process was duly made under the foreign law, any default was declared in accordance with foreign law, the judgment was made final in accordance with foreign law, the case was not already res judicata in Italy, no previously filed Italian proceedings on the matter are pending, and the judgment is not contrary to Italian public policy.
The entrance into force of this section of Law 218/1995 has been postponed to June 1, 1996.
The content of this article is intended to provide general information on the subject matter. It does not substitute the advice of legal counsel.