Enforcement of a foreign judgement in Italy must be applied at the Court of Appeal, according to the applicable laws. With the help of our Italian lawyers, you can benefit from legal support for the situation you are in, if the authorities are also involved. Below we present interesting information about the enforcement of a foreign judgement in Italy, and we also recommend that you contact us if you want more details.
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Definition of judgement and purpose of enforcement in Italy
To be considered a decision taken in a court of law in Italy, it must comply with the Italian Civil Procedure Code, Article 132. Here is what the judgement means and what it must contain:
- Information about the judge who made the final decision in a case.
- Full details about the involved parties and their petitions.
- The description of legal and factual grounds that led to the decision taken by the judge, as well as the date and the necessary signatures.
It is good to specify the fact that there are also decisions that are not considered judgements, but that can be enforceable, such as payment decisions, temporary enforcement orders, or final decisions that cannot be submitted to a higher court.
We strongly recommend the services offered by our law firm in Italy to better understand what enforcement of judgement in Italy means. We are at your disposal with specialized help provided by our experts in the field.
On the other hand, information about buying a house in Italy and the formalities to be followed can be solicited from our local specialists in the field.
What conventions does Italy belong to?
Italy has signed a series of conventions that regulate foreign judgements, as follows:
- Regulation (EC) 1896/2006 establishing a European order for payment procedures.
- Regulation (EC) 805/2004 makes a European enforcement order for recognized appeals.
- 1958 The New York Convention – UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958;
- 1961 The Geneva Convention – European Convention on International Commercial Arbitration;
- 1965 Hague Service Convention or HCCH Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters.
Foreign judgements enforceable in Italy
We specify that the following foreign judgements are enforceable in Italy, as follows:
- EU and non-EU money judgements, some of them with closing effects.
- Judgements ordering or banning the doing of specific acts.
- Asserting convictions.
- Judgements presented without further notice.
It is good to mention that non-EU ex-parte judgments are enforceable in Italy, only if such judgements are final and necessary, according to Italian International Private Law 218/1995, Article 164. We suggest you discuss more with one of our Italian attorneys on this topic.
Foreign enforcement proceedings in Italy
One should note that the technique does not differ depending on the nature of the judgement to be imposed but diverges depending on the nature of enforcement. It is suggested to have a lawyer in Italy by your side for a better understanding of the proceedings of a foreign judgement in Italy.
Below you can find information about the applicable legislation referring to enforcement of foreign judgements in Italy:
- Enforcement of non-EU judgements must respect the Italian Private International Law 218/1195, Article 64.
- Article 474 provides information about how first instance judgement is enforced in Italy.
- According to the Italian International Private Law 218/1995, a judgement issued by a foreign court is recognized in Italy without a court order issued before.
Are you interested in complete information about the enforcement of foreign judgements in Italy? We advise you to contact our Italian lawyers and ask the questions for which you need answers.