News
Foreclosed the power to raise the conflict of jurisdiction after the first court hearing
- 25/09/2018
The Court of Cassation, with order no. 20445 of 2nd August 2018, confirmed that the Judge appointed as competent by the first one originally sued, and before whom the case has been proceeded, can request the “Regulation of jurisdiction” no later than the first court hearing.
On the other hand, the Judge is not allowed to request the “Regulation of jurisdiction” after the granting of the terms for written briefs, referred to art. 183 of the Italian Code of Civil Procedure, unless the Judicial Authority has to perform procedures that are strictly functional to assess the existence of a conflict of competence. In this case, the regulation's request must follow the said procedural activities.
NEWS
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