Written by: Solicitor and Avvocato Stabilito Fernanda Stefani
You may have received a judgement in an English court which you now need to enforce in Italy. At Coppolaw we are specialised in enforcing foreign judgements in Italian courts and can assist you every step of the way.
In order to enforce a foreign judgement, an application will need to be made to the Italian Court of Appeal. If your application is not contested, then after 30 days the Applicant can start enforcement proceedings. There is no limitation period for enforcement.
Various different types of judgements can be enforced. You can enforce foreign money judgments or awards, declaratory judgments, injunctions, default judgments, enforcement orders and attachment orders amongst others in Italy.
The recognition and enforcement of EU judgments in Italy are governed by EU Regulation 1215/2012 (the recast Brussels Regulation). Non-EU judgements are subject to different regulations.
Under Italian law, there is a legal distinction between the recognition and enforcement of a judgment: recognition makes the foreign judgment effective in the Italian legal system, whereas enforcement meets in practical terms the requirements of the party that wishes to rely on a foreign award for enforcement purposes.
However, the are certain conditions in order to enforce a foreign judgement.
The main conditions required are the following:
The original court must have jurisdiction;
The defendant had proper notice of the proceedings;
There is no incompatibility with public policy;
No conflicting domestic or foreign judgment exists;
The judgment is final as to its effects.
If you need assistance with enforcing an EU or non-EU judgement in Italy contact us now on info@coppolastudiolegale.com or +44 7383 828368 or +39 3343756736
For more information visit www.coppolaw.com or www.coppolastudiolegale.com
Rome – Palermo – Milan – English Law
