Analysis of Order No. 23112 of 2024: Jurisdiction and Connection of Claims in Civil Law

The recent Order No. 23112 of August 26, 2024, issued by the Court of Cassation, offers important insights into the issue of jurisdiction in business matters and the connection between claims in civil proceedings. In particular, the ruling clarifies the limits within which jurisdiction can be transferred to the specialized section, highlighting the rules of qualified connection provided for by the Code of Civil Procedure.

Qualified Connection in Civil Cases

One of the most relevant aspects highlighted by the Court concerns the concept of qualified connection between claims. According to Article 31 of the Code of Civil Procedure, jurisdiction can be transferred to the specialized section only in specific circumstances, such as those outlined in Articles 32, 34, 35, and 36 of the same code. The ruling clarifies that a simple connection between cases is not sufficient to justify such a transfer.

In the case at hand, the claim for the declaration of nullity of a suretyship contract, brought in relation to antitrust regulations, is connected to the claim for the nullity of the current account contract. This link highlights a subordinate relationship of the guarantee, which promises a simultaneous evaluation process.

In general. The transfer of jurisdiction in favor of the specialized section for business matters cannot occur in any instance of connection between claims, but only in cases of so-called qualified connection as per Articles 31, 32, 34, 35, and 36 of the Code of Civil Procedure. This occurs when the claim for the declaration of nullity of the suretyship contract or its individual clauses, due to conflict with antitrust regulations (Law No. 287 of 1990), is brought together with those concerning the nullity of the current account contract from which the bank's credit derives and the redetermination of the amounts actually due, given the subordinate relationship of the guarantee – which favors the simultaneus processus – and the unity of the benefit sought by the plaintiffs in the proceedings, represented by the exclusion or redetermination of their debt.

Implications of the Ruling

This order not only clarifies the principles of jurisdiction in business matters but also offers a reflection on the legal practices to be adopted in situations of connection between claims. It is essential for legal professionals to understand when and how to invoke the jurisdiction of specialized sections, avoiding unnecessary complications and potential delays in proceedings.

• It is necessary to demonstrate the qualified connection between the different claims.
• The cases must present a subordinate relationship to justify the transfer of jurisdiction.
• Antitrust regulations play a crucial role in this context, especially in relation to suretyship contracts.

Conclusions

In summary, Order No. 23112 of 2024 represents an important step forward in understanding jurisdiction in business matters and the connection between civil claims. The clarity provided by the Court of Cassation regarding qualified connection allows legal operators to navigate the complex Italian legal landscape with greater confidence, promoting more efficient management of legal disputes.