Commentary on Ruling No. 23240 of 2024: Appealability of the Final Distribution Plan in Forced Executions

Recently, the Court of Cassation issued order No. 23240 of August 28, 2024, which addresses a crucial issue in the context of forced executions: the appealability of the order approving the final distribution plan of sums. This ruling offers important clarifications regarding the possibility of opposing such an order, even when the judge has simultaneously declared the termination of the enforcement proceedings. Let's analyze the key points of this ruling in detail.

Context of the Ruling

The legal case that led to the issuance of the order involves A. (D'A.) and B. (A.L.) and originated from a dispute concerning forced execution. The Court of Appeal of Salerno, with a decision dated December 30, 2020, had addressed the issue of the final distribution plan of sums arising from an enforcement action. The focal point of the ruling is the assertion that the order approving such a plan is appealable through an opposition to enforcement acts.

The Ruling's Principle

OF EXECUTION Final distribution plan of sums declared enforceable - Appealability through opposition to enforcement acts - Declaration of "termination" of enforcement proceedings concurrent with plan approval - Irrelevance - Rationale. The order approving the final distribution plan is appealable through opposition to enforcement acts, it being irrelevant that the judge has concurrently declared the termination of the enforcement proceedings, as such declaration is merely an acknowledgment of the natural closure of the expropriation process, not capable of precluding the appeal of the approval of the final distribution plan, which is the last act of that process.

This principle highlights the importance of the order approving the final distribution plan. Although the judge may declare the termination of the enforcement proceedings, this does not preclude the possibility of appealing the order itself, emphasizing that termination is a mere formality attesting to the conclusion of the enforcement procedure.

Legal Relevance of the Ruling

• Clarity on Appealability: The decision clarifies that the distribution order, being the final act of the enforcement proceedings, can be subject to opposition.
• Distinction Between Termination and Appealability: The ruling clearly distinguishes between the closure of the proceedings and the possibility of challenging enforcement acts, thus protecting creditors' rights.
• Legal References: The order is based on articles of the Code of Civil Procedure, including Art. 512 and 617, which respectively govern forced execution and opposition to enforcement acts.

These aspects highlight the need to ensure adequate protection of the rights of parties involved in an enforcement proceeding, preventing formal decisions from prejudicing the possibility of obtaining justice.

Conclusions

Order No. 23240 of 2024 represents a significant step forward in protecting creditors' rights within forced execution proceedings. The possibility of appealing the final distribution plan of sums, even when the judge declares the termination of the proceedings, constitutes a fundamental guarantee for the parties involved. In a complex legal context such as forced executions, it is essential that judicial decisions continue to offer clarity and protection to citizens' rights, thus contributing to a fairer and more just legal system.