News
The Constitutional Court increases the cases of compensation of litigation costs
- 11/06/2018
On issuing a Judgment in civil proceedings, a Judge orders the losing party to pay litigation costs sustained by the other party.
By Judgment no. 77 of 19th April 2018, the Italian Constitutional Court has upheld the question of constitutional legitimacy concerning the lack of a provision enabling a Judge to partially or wholly compensate litigation costs between the parties in cases different from those of the absolute novelty of an issue and of a jurisprudential change on paramount questions. Such cases are expressly set forth in article 92, paragraph 2, of the Civil Procedure Code.
The Court has then stated that a Judge can compensate litigations costs also when other similar, serious and exceptional circumstances occur.
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