News
In the field of forced enforcement, if the enforceable title lapses, the subject of the opposition shall cease
- 08/11/2021
The United Chambers of the Court of Cassation, with the decision n. 25478 on September 21th, 2021, focused on the issue of forced execution undertaken on the basis of a not definitive judicial order and, in particular, on the effects of the supervening lapse of the enforceable title as a result of a judgment of the judge of cognition. The Supreme Court established that, in this case, any judgment of opposition to enforcement, which is offered for other reasons, must be defined by a ruling of cessation of the matter of the dispute. Consequently, the costs of the proceedings must be determined on the basis of the merits of the parties’s initial reasons, irrespective of the supervening circumstances which may have determined the cessation of the matter of the dispute.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...