News
Evaporated the distinction between communication and notification?
- 02/05/2017
With regard to the appeal of a decree of bankruptcy, the Supreme Court, by judgment of 20 April 2017, no. 9974, ruled that it was inadmissible on the assumption that the time-limit for appeals does not start from the notification by the bailiff but from the notification by the Chancellery.
In the present case, the Chancellery had informed the attorney, by PEC, of the full text of the judgment, and a few days after, the judgment had also been served by a bailiff.
In the said judgment, the Supreme Court stated that the notification of the full text of the judgment rejecting the complaint, made by the PEC by the Chancellery, is appropriate to start the short deadline for lodging an appeal in the Supreme Court, without regard the text of Art. 133 c.p.c., according to which the communication of the full text of the judgment can not be allowed to start the time-limits for the appeals referred to in art. 325 c.p.c.
This is because the distinction between notification and communication has substantially evaporated in the specific discipline of the appeal against the decision of the bankruptcy judgment, where the time-limit is, by law, anchored to the act of the Chancellery.
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