Litigation cost orders without a statement of costs: Court of Cassation ordinance no. 27607/2025

In the landscape of Italian civil procedural law, the regulation of litigation costs has always been a subject of significant practical and theoretical interest. Questions often arise regarding the limits of a judge's power to determine the economic burden of proceedings, especially when parties fail to submit a formal statement of costs. The Court of Cassation addressed this delicate balance in ordinance no. 27607 of October 16, 2025, providing important clarifications on the application of Article 91 of the Code of Civil Procedure.

The principle of loser-pays and the judge's ex officio power

The case brought to the attention of the Supreme Court involved L. T. and M. P. in a dispute concerning the assessment of judicial costs. The Court of Cassation, presided over by R. M. with reporting judge D. C., reaffirmed a cornerstone principle of our legal system: the order for costs is an automatic and accessory effect of the decision on the merits of the case.

Pursuant to Art. 91 c.p.c., the judge, in the judgment concluding the proceedings, orders the losing party to reimburse the costs to the other party and assesses the amount thereof. But what happens if the prevailing party fails to file the statement of costs required by Art. 75 disp. att. c.p.c.? Ordinance no. 27607/2025 clarifies that such an omission does not preclude the judge's power and duty to proceed with an ex officio assessment.

The ruling of the Court of Cassation

The regulation of litigation costs is consequential and accessory to the resolution of the proceedings, such that the order under Art. 91 c.p.c. may be issued against the losing party even ex officio and in the absence of the statement of costs referred to in Art. 75 disp. att. c.p.c.; furthermore, in such a case, the judge is not required to specify the individual items assessed.

This ruling highlights two fundamental aspects that deserve detailed analysis:

• Accessory nature of the order: Since the ruling on costs necessarily follows the outcome of the litigation, the judge does not require an explicit request from a party to rule on the matter.
• Exemption from the obligation of specification: In the absence of a party's statement of costs, a judge assessing costs ex officio is not required to draft a detailed list of individual items and fees recognized, and may proceed with a global and comprehensive assessment, provided it remains within the tariff limits established by ministerial parameters.

The absence of a statement of costs and the protection of the losing party

The decision is in line with previous case law (including judgment no. 14198 of 2022) and confirms that the failure to produce a statement of costs does not constitute a waiver of reimbursement, but merely a conduct that exempts the adjudicating body from the burden of providing an analytical justification for individual tariff items. This orientation ensures a simplification of the magistrate's work without infringing upon the rights of the losing party, who may still verify the overall reasonableness of the sum assessed in relation to the parameters applicable to the relevant value bracket of the case.

Conclusions

In conclusion, Court of Cassation ordinance no. 27607/2025 strongly reaffirms the principle of the consequential nature of litigation costs. For legal professionals and citizens involved in judicial proceedings, this ruling underscores the importance of understanding that an order for costs is a nearly inevitable outcome of being the losing party, governed by rules of procedural simplification that allow the judge to act ex officio to protect the prevailing party, even in the absence of specific documentary requests.