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The spurious counterclaim is abusive.

  • 28/10/2020

The Court of Cassation, with order of 19 October 2020, n. 22652, considered that the counterclaim proposed by the administration constitutes abuse of the process, which accuses the defender of not having appeared promptly, despite having full availability of the documentation proving the impossibility of formalizing the appearance in court in time and to propose ritually the limitation exception.

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