The Nullity of a Judgment for Failure to Communicate the Resolution of a Reserve: Commentary on Order No. 23056 of 2024

Within civil proceedings, the correct management of communications between parties is crucial to ensure the respect of defense rights. Order No. 23056 of August 23, 2024, issued by the Court of Cassation, addresses a fundamental aspect: the failure to communicate the order resolving a reserve with the assignment of deadlines pursuant to Article 190 of the Code of Civil Procedure (c.p.c.). This case highlighted how such an omission can lead to the nullity of the judgment, emphasizing the importance of the adversarial principle.

The Issue of Judgment Nullity

According to the Court, the failure to communicate the order resolving the reserve in question constitutes a ground for the nullity of the judgment. Specifically, it is not necessary for the party to demonstrate concrete prejudice resulting from this non-compliance. This translates into a situation that prevents the full exercise of the right to defense, violating the principle of the adversarial process, which is the cornerstone of civil proceedings.

Failure to communicate the resolution of a reserve with the assignment of deadlines pursuant to Article 190 c.p.c. - Consequences - Nullity of the judgment - Configurability - Existence - Basis. The failure to communicate the order resolving the reserve, with which deadlines pursuant to Article 190 c.p.c. have been assigned, constitutes a ground for the nullity of the judgment, without the party being required to indicate what prejudice, in concrete terms, has resulted from such non-compliance, as it is a case, comparable to that of the non-assignment of the aforementioned deadlines, of an impediment to the exercise, in its fullness, of the right to defense with consequent violation of the principle of the adversarial process.

Relevance of the Judgment in Italian Jurisprudence

This ruling is part of a jurisprudential trend already established by previous interventions of the Court of Cassation, such as judgments No. 18149 of 2016 and No. 36596 of 2021. Both cases reiterated the importance of respecting communications in proceedings, highlighting how their non-compliance can have devastating effects on the right to defense and the validity of the proceedings themselves.

• The right to defense is a fundamental principle guaranteed by the Italian Constitution.
• Failure to communicate can lead to ineffective participation in the proceedings.
• The adversarial principle must be ensured at every stage of the procedure.

Conclusions

In conclusion, Order No. 23056 of 2024 represents an important confirmation of the principle that adherence to communication procedures is essential to ensure the fairness of civil proceedings. The nullity of a judgment for failure to communicate the resolution of a reserve is not merely a technical issue but a crucial aspect for safeguarding the rights of the parties involved. Jurisprudence continues to reiterate that any omission in this area can compromise the entire proceeding, to the detriment of justice and the protection of individual rights.