Anna Freschi & Ilaria Ballabeni
by Anna Freschi & Ilaria Ballabeni
Anna Freschi, Italian Lawyer, has been part of the Baldi & Partners Avvocati e Commercialisti team since 2017. She advises within the areas of litigation, debt collection, bankruptcy and related procedures. Contact Anna.
Ilaria Ballabeni, an Italian Junior Lawyer and has been part of the Baldi & Partners Avvocati e Commercialisti team since 2014. She advises within the international corporate, M&A, contract and commercial areas. Contact Ilaria.
Law No. 206 of Nov. 26, 2021 (“Law”), in force as of 24 December 2021, and applicable to proceedings started after 22 June 2022, introduced two important innovations in the field of Italian credit collection process.
The first one, introduced by Art. 1, Para. 29 of the Law, amending Art. 26, Para. 1 of the Italian Civil Procedure Code, concerns the establishment of a new jurisdiction for the seizure of credits when the enforced debtor is a public administration.
In such cases, jurisdiction shall lie with the judge of the place where the state attorney's office is located, in whose district the creditor is resident, domiciled, or has its legal office.
The general rule in force in third-party seizure of credits procedures (i.e. the competent judge is located in the place where the third-party debtor is resident, domiciled or has its legal office) is partially superseded.
The second innovation, introduced by Art. 1, Para. 32, of the Law provides for the new Para. 5 and 6 of Art. 543 of the Italian Civil Procedure Code.
Para. 5 introduces two new cases of ineffectiveness of the foreclosure procedure claimable ex officio by the judge:
Para. 6 limits the ineffectiveness of the foreclosure only against third parties to whom the foreclosure claim has not been served, or when the service report has not been filed in the foreclosure claim file, applicable only in cases of multiple foreclosures against several third parties, all of whom are debtors of the enforced debtor.
With these amendments, the Law overcame the limitation of Art. 164-ter, Para. 1, of the Application Provisions of the Italian Civil Procedure Code, which lacked possible sanctions for the non-compliance of the above-mentioned notification procedure.
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