Order No. 22183 of 2024: Recognition of Foreign Judgments and Indeterminable Value

The recent Order No. 22183 of August 6, 2024, issued by the Italian Court of Cassation, addresses a highly relevant issue in the field of private international law: the recognition of foreign judgments within our legal system. The decision, presided over by Judge A. V., sheds light on crucial aspects of the proceedings under Article 30 of Legislative Decree No. 150 of 2011 and its practical application.

Proceedings under Art. 30 Legislative Decree No. 150 of 2011

According to the order, the proceedings under Article 30 of Legislative Decree No. 150 of 2011 do not concern the claim brought in the foreign proceeding but are limited to declaring the enforceability of the foreign judgment within the Italian legal system. This aspect is fundamental because it clarifies that the subject of the proceedings is not the underlying dispute but the recognition of the judgment itself.

Proceedings under Art. 30 Legislative Decree No. 150 of 2011 - Subject Matter - Claim brought in the foreign proceeding in which the judgment for which recognition is sought was issued - Exclusion - Value of the case - Indeterminability. The proceedings under Art. 30 of Legislative Decree No. 150 of 2011, referred to by Art. 67, paragraph 2, of Law No. 218 of 1995, do not have as their subject matter the claim brought in the proceeding in which the judgment for which recognition is sought was issued, but the declaration of enforceability of such judgment within the Italian legal system, with the consequence that said request, not being translatable into monetary terms, must be considered of indeterminable value.

Practical and Regulatory Implications

This decision has significant implications for both Italian citizens involved in foreign proceedings and lawyers assisting their clients. In particular, it is highlighted that:

• The recognition of a foreign judgment does not necessarily imply the translation of the case's value into monetary terms, rendering the request of indeterminable value.
• Italian norms, particularly Article 67 of Law No. 218 of 1995, must be interpreted in a manner that respects European provisions on the recognition of judgments.
• The clarity of the proceedings promotes greater legal certainty for the parties involved, avoiding conflicts of jurisdiction and interpretation.

Conclusions

In conclusion, Order No. 22183 of 2024 represents a significant step in the regulation of the recognition of foreign judgments in Italy. By emphasizing the importance of the declaration of enforceability, rather than the underlying dispute, the Court of Cassation offers an important clarification that could influence future legal proceedings. It is essential for legal practitioners to consider these guidelines to ensure the correct application of current regulations.