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The United Sections on Compulsory Mediation in Opposition Judgments to Injunctive Decree
- 28/09/2020
The Supreme Court, at United Sections, with sentence of 18 September 2020, n. 19596 enunciated the principle according to which, in disputes subject to mandatory mediation, pursuant to Legislative Decree no. 28 of 2010, art. 5, paragraph 1-bis, whose judgments are introduced with an injunction, once the relative opposition judgment has been established and the requests for concession or suspension of the provisional execution of the decree have been decided, the burden of promoting the mediation procedure is to load of the opposite side; it follows that, if it is not activated, the revocation of the injunction will result from the decision of inadmissibility referred to in the aforementioned paragraph 1-bis.
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