Order No. 15533 of 2024: Doubling of the Unified Contribution in Appeals Ex Art. 18 Bankruptcy Law

Recently, the Court of Cassation issued Order No. 15533 of June 4, 2024, which addresses a matter of great importance for legal professionals: the application of the unified contribution for appeals against bankruptcy judgments. The decision in question clearly establishes that appeals filed pursuant to Art. 18 of the Bankruptcy Law are not exempt from the payment of this contribution, with significant consequences for appellants.

Regulatory Context

The reference to Article 10 of Presidential Decree No. 115 of 2002 is central to the Court's ruling. This article sets out the categories of appeals exempt from the unified contribution. However, the Cassation Court clarified that the appeal in question does not fall within these categories, thus leading to a doubling of the contribution in case of rejection of the appeal. An aspect to consider is that this interpretation is consistent with previous case law, as demonstrated by judgments No. 26981 and No. 35254 of 2023.

Implications for Professionals and Debtors

The Court's decision has several practical implications:

• Payment Obligation: Debtors intending to file an appeal to challenge a bankruptcy judgment must now consider the doubling of the unified contribution in case of rejection.
• Legal Strategy: Lawyers must review their appeal strategies, carefully assessing the associated costs.
• Awareness of Expenses: It is essential for clients to be informed about the expenses that may arise from an appeal, including the risks related to the doubling of the contribution.

(APPEAL FOR) - IN GENERAL Appeal ex Art. 18 Bankruptcy Law - Exemption from unified contribution - Exclusion - Rejection of appeal - Doubling of unified contribution. An appeal against a bankruptcy judgment pursuant to Art. 18 Bankruptcy Law does not fall among those exempted, under Art. 10 of Presidential Decree No. 115 of 2002, from the payment of the unified contribution. Therefore, in the event of rejection of said appeal, the doubling of the contribution itself is due.

Conclusions

In conclusion, Order No. 15533 of 2024 represents an important clarification regarding the unified contribution for appeals against bankruptcy judgments. Lawyers and their clients must be well-informed about the financial implications of such appeals. This judgment, therefore, not only clarifies the position of Italian jurisprudence but also invites broader reflection on the management of legal costs within the context of bankruptcy proceedings.