News
Administrative Procedure: Setting aside a judgment with referral is possible, but only in mandatory cases
- 29/10/2018
The Plenary Assembly of the Council of State, with sentence no. 15/2018, has stated the mandatory nature of the annulment with postponement to the first instance judge, provided for by art. 105 c.p.a.
Among the cases provided by Law, there is not the erroneous declaration of inadmissibility of the appeal for lack of interest. The Appeal Court, however, can retrain first instance judgments, when assesses the violation, by the judge of the first degree, of the obligation of correspondence between the requested and the pronounced or the obligation to state reasons.
These cases, in fact, constitute both a breach of the rights of the substantial defense of the parties, as a matter of nullity of the sentence and imply the annulment with referral provided for by art. 105 c.p.a.
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