Judgment No. 21706 of 2024: Just Reparation and Unreasonable Duration of Proceedings

Judgment No. 21706 of 2024 offers important clarifications on the issue of just reparation in cases of unreasonable duration of proceedings. In particular, compliance proceedings and enforcement proceedings can be initiated concurrently, without the need to first attempt enforcement. This aspect represents a significant evolution in Italian jurisprudence, particularly in relation to the application of Law No. 89 of 2001.

Context of the Judgment

The case involved a dispute between the State Attorney General's Office and an unsatisfied creditor. The Court of Cassation had to address the issue of when the statute of limitations for claiming just reparation begins to run. Italian law, and specifically Article 4 of Law No. 89 of 2001, establishes that the time limit for submitting a claim for just reparation only starts after one of the two proceedings (enforcement or compliance) has been concluded.

Just reparation - Unsatisfied creditor - Concurrent initiation of enforcement proceedings and compliance proceedings - Admissibility - Consequences - Time limit under art. 4 of Law No. 89 of 2001 - Commencement. In the matter of just reparation for unreasonable duration of proceedings, the initiation of compliance proceedings does not presuppose the prior unsuccessful attempt at enforcement proceedings by the unsatisfied creditor; the two remedies can be pursued concurrently, with the consequence that, in the latter case, the statute of limitations referred to in art. 4 of Law No. 89 of 2001 begins to run from the moment one of the two proceedings has been concluded with the effective extinction of the enforced obligation.

Practical Implications of the Judgment

This ruling has several practical implications for creditors who find themselves unsatisfied with the duration of proceedings. In particular, the following points are highlighted:

• Possibility of initiating both compliance proceedings and enforcement proceedings in parallel.
• Clarity on the commencement of the statute of limitations, which begins only upon the conclusion of one of the two proceedings.
• Greater protection for creditors, who can see their rights guaranteed without having to go through an unsuccessful enforcement process.

Conclusions

Judgment No. 21706 of 2024 represents a significant step forward in protecting the rights of unsatisfied creditors. By establishing that compliance proceedings can be initiated without the need to first attempt enforcement, the Italian legislator and jurisprudence demonstrate attentiveness to the needs for efficiency and justice in proceedings. This orientation could contribute to a faster and more satisfactory resolution of disputes, thereby ensuring more accessible and direct access to the right to just reparation for citizens.