Order No. 10367 of 2024: The Value of the Case in Permissive Joinder

The recent Order No. 10367 of April 17, 2024, issued by the Court of Cassation, presided over by R. F., offers important clarifications regarding the determination of the value of a case in instances of permissive joinder pursuant to Article 103 of the Code of Civil Procedure (c.p.c.). This topic is of significant interest to lawyers and legal professionals, as it affects not only procedural strategy but also the assessment of professional fees.

Permissive Joinder and its Regulation

Permissive joinder, regulated by Article 103 of the Code of Civil Procedure, occurs when multiple plaintiffs or defendants participate in the same proceeding, but their claims remain independent. The Court, in this order, has emphasized that in such cases, the value of the case cannot be determined by summing the values of individual claims, as these are considered distinct and autonomous.

• Value of the case: not the sum of claims.
• Reference to the claim with the highest value.
• Implications for fee assessment.

In general. In cases of permissive joinder pursuant to Article 103 c.p.c., the value of the case is not determined by summing the values of the individual claims brought by a single plaintiff against multiple defendants or by multiple plaintiffs against a single defendant, given that these claims, being cumulated only on the subjective side, are to be considered distinct and autonomous from each other. Instead, reference must be made to the criterion of the claim with the highest value. Consequently, even for the purpose of assessing the fees due to the lawyer who assisted multiple parties, the standard compensation amount (on which to apply the increases and decreases provided for by Article 4, paragraphs 2 and 4, of Ministerial Decree No. 55 of 2014) must be determined within the relevant bracket in relation to the claim (or judgment) of the highest amount.

Practical Implications of the Ruling

This ruling has significant consequences for all legal practitioners. In particular, it clarifies that, even for the assessment of fees, the aggregated value of the claims should not be considered, but rather the value of the highest claim. This approach avoids the risk of overestimating the value of the case and legal costs, making the system fairer and more sustainable.

Conclusions

In conclusion, Order No. 10367 of 2024 represents an important step forward in understanding the regulation of permissive joinder and the determination of the value of a case. Lawyers must pay particular attention to these guidelines to avoid errors in case management and fee assessment. The clarity provided by the Court helps ensure the correct application of the rules and greater protection of clients' rights.