Answer ... The enforcement of foreign and domestic judgments in Italy can be tricky. Difficulties in locating the debtor’s assets, a complex procedural framework and lengthy enforcement proceedings are the most common sticking points. While the most appropriate actions to ensure smooth enforcement should be assessed on a case-by-case basis, here are a few tips.
A good rule of thumb is to plan ahead. It is advisable to assess where the debtor’s assets are located before filing the lawsuit.
If a creditor has reasonable grounds to believe that the debtor could jeopardise enforcement of a judgment, it may seek interim or conservatory measures, regardless of which court has jurisdiction on the merits.
Furthermore, Italian law provides for remedies allowing a creditor to have an act declared ineffective insofar as it was carried out by a debtor with the purpose of diminishing its assets by passing them on to a third party. Articles 2901 and 2929-bis of the Italian Civil Code offer remedies in this respect.
As regards the search for the debtor’s attachable assets, a useful tool has been provided by Article 496-bis of the Italian Code of Civil Procedure, which allows a creditor to access the databases of public authorities in order to search for the debtor’s assets.