Waiver of proceedings prior to appearance: who bears the costs? The Court of Cassation clarifies with Order no. 30160/2025

In Italian civil procedural law, the early conclusion of a lawsuit often raises significant practical questions, particularly regarding the allocation of litigation costs. A frequent scenario involves the waiver of proceedings filed by the plaintiff or the appellant before the opposing party has formally entered an appearance. The Supreme Court of Cassation addressed this delicate issue with Order no. 30160 of 15 November 2025, providing a fundamental clarification on the application of Article 306 of the Code of Civil Procedure.

The case and the Supreme Court's decision

The matter originated from a civil proceeding in which the appellant, identified by the initials S. (represented by A. G.), served a notice of waiver of proceedings before the opposing party, P., had entered an appearance. The latter entered an appearance only after the notification of the waiver, with the sole and exclusive purpose of requesting reimbursement of the legal costs incurred for drafting the notice of appearance. The Court of Appeal of Rome had granted this request, but the Court of Cassation overturned the decision, quashing the judgment without remand and deciding on the merits in favor of the waiving party.

The general rule of Article 306 c.p.c.

To understand the scope of this decision, it is necessary to analyze the mechanism provided by Art. 306 c.p.c. regarding the extinction of the process due to waiver. The provision establishes precise rules:

• The waiver must be accepted by the parties who have entered an appearance and who may have an interest in the continuation of the proceedings;
• The waiving party must reimburse the costs to the other parties, unless otherwise agreed between them;
• If the opposing party has not yet entered an appearance at the time of the waiver, there is no need for acceptance, and no automatic right to reimbursement of costs arises for an appearance made belatedly.

The judges of the Court of Cassation reiterated that a late appearance, made solely for the purpose of claiming litigation costs, is not sufficient to justify an order for costs against the waiving party.

The principle of law of the Court of Cassation

In the event of a waiver of proceedings prior to the appearance of the opposing party, the order declaring the extinction must not rule on litigation costs, which, pursuant to Art. 306, paragraph 4, c.p.c., are to be borne by the waiving party only if the opposing party, having already entered an appearance, has accepted the waiver; furthermore, the appearance in the case by the latter for the exclusive purpose of obtaining reimbursement of costs is irrelevant, as it is necessary for the party opposing the waiver to hold a legally relevant interest, capable of allowing them to obtain from a decision on the merits a greater utility than that deriving from the extinction.

This principle highlights how a mere formal appearance is not enough to demand that the waiving party be ordered to pay costs. The opposing party must demonstrate a real legal interest in the continuation of the proceedings on the merits, or a concrete utility that goes beyond the simple economic reimbursement of the costs of appearance.

Conclusions

Order no. 30160/2025 of the Court of Cassation is perfectly in line with previous case law, confirming an orientation aimed at avoiding the unnecessary burdening of litigation regarding costs. For professionals in the sector, this decision represents a clear guide: waiving proceedings in a timely manner, before the appearance of others, protects the waiving party from cost orders and promotes a rapid resolution of the dispute without unjustified economic repercussions.