Commentary on Judgment No. 22937 of 2023: Court Costs and Real Contradictory Proceedings

The recent judgment of the Court of Cassation No. 22937 of 2023 offers important clarifications regarding the award of court costs in favor of the civil party, particularly in the context of an appeal proceeding. The Court emphasized the importance of real contradictory proceedings, highlighting that the mere submission of written conclusions is not sufficient to acquire the right to the liquidation of costs.

Real Contradictory Proceedings and Court Costs

Based on the judgment under review, the Court annulled without referral the decision of the Court of Appeal of Caltanissetta, stating that in the case of proceedings conducted with real contradictory proceedings, it is essential that the requesting party has actually participated in the discussion hearing. This aspect is crucial to ensure a fair trial, in line with the principles of our legal system and European regulations.

• Real contradictory proceedings imply active participation of the parties in the trial.
• The mere submission of written conclusions outside the hearing is not sufficient.
• The exercise of the defense rights provided by the code is necessary.

Analysis of the Judgment's Maxim

Award of costs in favor of the civil party - Appeal proceeding conducted with real, not written, contradictory proceedings - Filing of written conclusions outside the hearing - Sufficiency - Exclusion. In terms of the award of court costs in favor of the civil party, in cases where the appeal proceeding was conducted with real, not written, contradictory proceedings, it is necessary for the requesting party to have actually participated in the discussion hearing or to have concretely exercised the defense rights provided by the code, as the mere submission of written conclusions outside the hearing is not sufficient to acquire the right to liquidation.

This maxim highlights the fundamental importance of active participation in the proceedings. In particular, the Court clarified that it is not enough to submit documents to assert one's rights; actual presence during hearings is necessary. This ensures that all parties can exercise their defense rights, contributing to a fair and just trial.

Conclusions

In conclusion, judgment No. 22937 of 2023 represents an important affirmation by the Court of Cassation regarding the role of real contradictory proceedings in appeal proceedings and the issue of court costs. The necessity of effective participation in hearings underscores the importance of the right to defense, a cornerstone principle of our legal system. Parties involved in civil proceedings must be aware of the relevance of their presence in court to avoid compromising their ability to obtain a favorable award of costs.