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Italian Council of State, October 31, 2019, judgement no. 7207: e-deposits of judicial documents after 12 a.m. is not tardive
- 04/11/2019
For the Council of State, the deposit of the memory made after the deadline of 12:00 a.m. on the last day allowed is not late. Although the Judges are aware of the existence of an opposite trend, it refers the jurisprudence of the same Third Section according to which the electronic deposit of documents is possible until midnight of the last day allowed, as required by art. 4, paragraph 4 of the implementing regulations of the Legislative Decree no. 104/2010. Such a solution would not conflict with the last period of this article, which provides that the deposit made after 12.00 is considered to have been made the following day. This because for the Council of State, the guarantee of the right of defence would be assured by tunning the terms to contest these documents filed after 12:00 p.m. from the following day.
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