Enforcement of foreign judgements in Italy
Enforcement of a foreign judgement in Italy has to be applied for at the Court of Appeal. If the application is not contested, after 30 days the creditor can start the enforcement proceeding.
After 10 days from the service of a formal request of payment, called “atto diprecetto”, the creditor can apply for seizure of the debtor’s assets, movable or immovable so as of his bank accounts.
Conditions required for recognising and enforcing a Foreign Judgment in the Italian courts
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.
A judgment will be refused if any one of the above conditions is not fulfilled
Types of Judgments that can be enforced
- Money judgments or awards;
- Judgments ordering or prohibiting carrying out of acts and injunctions;
- Declaratory judgments;
- Default Judgments;
- Judgments made without notice and decisions granting provisional measures (in this case the judgment containing the judgment must be served on the defendant before the starting of the enforcement procedure);
- Enforcement orders and attachment orders.
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