In Order No. 17690 of 30 June 2025, the Labour Section of the Court of Cassation examined a judgment signed by the senior member of the panel in place of the presiding judge. The official headnote is Rv. 675614-01.

The substitute signature

The principle concerns a presiding judge who, after the decision, leaves judicial service or refuses, for any reason, to perform the duties arising from the judicial functions exercised. In those circumstances, the judgment is neither void nor non-existent where the senior panel member performs the duties and records that they signed in place of the unavailable presiding judge.

Recording the impediment

The specific cause of the impediment need not be stated. The Court of Cassation dismissed the appeal against the Court of Appeal of Ancona's decision of 10 November 2020.

This clarification concerns that particular substitute signature. It does not make every missing signature or other formal defect in a judgment irrelevant.

Official sources: Corte di cassazione, Rassegna del Massimario.