News
Proceedings following a “opposizione agli atti esecutivi” for an ordinary credit are introduced with a “citazione”
- 18/06/2018
By Order no. 12035 of 16th May 2018, the Court of Cassation has explained that if a “opposizione agli atti esecutivi” procedure concerns an ordinary credit (and not a work credit), the subsequent proceedings have to be introduced with a “citazione” and not with a “ricorso”.
In the case at issue, an attorney on behalf of whom a Labour Judge had ordered the payment of his fee, had brought an enforcement procedure, then declared inadmissible, in order to get the said payment. Proceedings following a “opposizione agli atti esecutivi” started by the attorney were wrongly introduced with a “ricorso” instead of a “citazione”.
Furthermore, the Court has stated that a “citazione” is promptly filed, and is then admissible, only if served within the time-limit set by the Judge at the end of the summary phase of a “opposizione agli atti esecutivi” procedure.
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