Appeal of a judgement in Italy

The claim in front of second degree court

Appeal against civil and commercial sentences in Italy

The general rule states that all sentences issued at first degree stage may be appealed before the higher court, except for as follows:

  • sentences for which appeal is banned by law

  • sentences issued by equity basis

  • if parties agreed to not appeal the sentence to next higher court (omisso medio) and on the contrary agreed to submit recouse to the Corte di Cassazione (only for misapplication of law or for violation of law).

 

The plaintiff may submit recouse before the Corte di Cassazione against second degree sentece only for items of law.

 

Any sentence issued at second degree could be challenged before the court that issued it (claim for "revocazione") if has occurred any of following circumstances:

  • false witness

  • false proof

  • case of fraud of one party to the disvantage of the other

  • discovery of new vital documents after issuance of sentence which were not exhibited before due for any case of force major or for fault of the counterpart

  • fraud of the judge who issued the sentence

  • mistake in the documents

  • sentence conflicting with another sentence previously issued concerning both parties.

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