Order No. 9333 of 2024: Liquidation of Costs in Enforcement Proceedings

With Order No. 9333 of 2024, the Court of Cassation has provided important clarification regarding the liquidation of costs in enforcement proceedings. This ruling is part of a complex legal context, where it is crucial to understand how legal costs are determined and which criteria to apply in situations of forced execution.

The Issue of Cost Liquidation

According to Article 95 of the Code of Civil Procedure (c.p.c.), the liquidation of costs must follow specific criteria. In the case at hand, the judges excluded the application of the "disputatum" and "decisum" criteria, which relate to the liquidation of costs in situations of litigation between parties, typical of Article 91 c.p.c. In other words, in the context of forced execution, there can be no talk of a true procedural opposition.

The Value of the Dispute and its Determination

The ruling clarifies that, in enforcement proceedings, the value of the "dispute" cannot be determined through the aforementioned criteria, as the conditions for procedural dialectic are absent. Therefore, the reference criterion becomes the actual amount of the sums demanded. This approach is based on the principle of the debtor's subjection, which is central to enforcement procedures.

Liquidation of costs pursuant to art. 95 c.p.c. - Value of the dispute - Determination criterion - Decisum and disputatum - Exclusion - Basis - Amount of sums demanded - Existence. For the liquidation of costs in enforcement proceedings, for the purposes of art. 95 c.p.c., the value of the "dispute" cannot be determined based on the "disputatum" criterion or that of the "decisum," which concerns liquidation pursuant to art. 91 c.p.c. and, therefore, a situation of procedural opposition between parties that results in the condition of one party being unsuccessful, whereas enforcement proceedings are based on the principle of the debtor's subjection and a complete procedural dialectic is lacking; therefore, the only applicable criterion is that of the actual amount of the sums demanded.

Conclusions

In conclusion, Order No. 9333 of 2024 represents an important reference point for all legal professionals involved in enforcement proceedings. The clarity on the criteria for cost liquidation, particularly the exclusion of the "disputatum" and "decisum" criteria, provides a solid basis for addressing issues related to legal costs in the context of forced execution. It is essential for lawyers and professionals in the field to fully understand these provisions to ensure the correct management of legal costs during the enforcement phase.