Order No. 9343 of 2024: Appealability of Inadmissibility of Appeal

The recent Order No. 9343 of April 8, 2024, issued by the Court of Cassation, offers important clarifications regarding the appealability of declarations of inadmissibility of appeal for procedural reasons. The ruling, involving parties A. (D'AMBROSIO GIUSEPPE) and P. (SANTORIELLO MARCELLO), highlights the importance of the specificity of appeal documents and their recourse to the Court of Cassation, opening up significant reflections for the civil law world.

Context of the Judgment

The central issue addressed by the Court concerns the declaration of inadmissibility of appeal, adopted pursuant to Article 348-ter of the Italian Code of Civil Procedure (c.p.c.). This article establishes that an appeal can be declared inadmissible for procedural reasons, but the Court of Cassation has clarified that such a declaration is appealable. This aspect is fundamental: the Court held that the declaration does not express a negative judgment on the merits of the appeal, but is limited to formal issues.

Practical Impacts of the Judgment

This order has significant practical repercussions. Here are some key points:

• The possibility of appealing declarations of inadmissibility allows for an additional chance of review for appellants.
• The Court accepted the ground of appeal concerning the specificity of the appeal document, emphasizing the importance of drafting clear and well-structured documents.
• This judgment may encourage greater rigor in the preparation of appeal documents, as their adequacy is scrutinized with greater attention.

The declaration of inadmissibility of appeal for procedural reasons, adopted by order referencing Article 348-ter of the c.p.c., is appealable by ordinary recourse to the Court of Cassation, as it is, in substance, a procedural judgment which, not containing any negative prognostic judgment regarding the merits of the appeal, is issued outside the cases provided for by law. (In application of the principle, the Supreme Court, accepting the ground of appeal alleging sufficient specificity of the appeal document, quashed with referral the order that had declared inadmissible, pursuant to Article 342 of the c.p.c., the appeal against the first-instance judgment).

Conclusions

In conclusion, Order No. 9343 of 2024 represents a step forward in the protection of appellants' rights, guaranteeing them the possibility of reviewing decisions of inadmissibility adopted for procedural reasons. It is crucial for legal professionals to understand the implications of this ruling and adopt a more careful and specific approach in preparing appeal documents, in order to avoid inadmissibility and ensure fairer justice.