News
Opposition to d.i. for condominium expenses: the Judge can review the nullity and voidability of the resolution, if action is proposed with a counterclaim in the summons in opposition.
- 19/04/2021
The United Sections Court of Cassation, with sentence of 14 April 2021, n. 9839 established that, in the judgment of opposition to the injunction issued for the collection of condominium contributions, the Judge can review both the nullity, deduced by the party or detected ex officio, of the shareholders' meeting resolution based on the injunction, and the annulment of this resolution, provided that the latter is deducted by way of action - by means of a specific counterclaim for cancellation contained in the summons in opposition - pursuant to art. 1137, second paragraph, cod. civ., within the peremptory term provided therein, and not by way of exception.
NEWS
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
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