Order no. 16552 of 2024: Excusability of error in electronic filing

Judgment no. 16552 of 13 June 2024, issued by the Court of Cassation, sheds light on a highly topical issue in civil procedural law: the excusability of errors in the electronic filing of documents. The Court, presided over by F. De Stefano and rapporteur M. Rossetti, had to decide on a case where an electronic filing had been made to a non-active PEC address, automatically generated by software.

The specific case

In this case, the respondent had made a filing which, although formally regular, proved ineffective due to a computer error. The Court considered this error excusable, justifying the decision with the fact that the user was unable to prevent or intercept the error with ordinary diligence. This approach is particularly significant as it acknowledges technological evolution and its implications in law.

In the context of an appeal to the Court of Cassation, an error in the electronic filing of a document – made to a non-active PEC address – must be considered excusable if it is caused by software and the user is unable to prevent or intercept it with the ordinary diligence expected of an average individual, as a degree of specialized technical competence cannot be demanded in a sector still characterised by strong technicality and difficult intuition of its operating methods.

Legal and technical implications

This judgment highlights the importance of a balanced approach in assessing users' responsibilities in situations where technology plays a crucial role. Current regulations, particularly Article 153 of the Code of Civil Procedure, establish that the filing of documents must be carried out according to specific procedures, but computer errors cannot always be foreseen.

• The Court stressed that users are not required to have a level of specialized technical competence.
• It is necessary for users to be able to rely on adequate tools that guarantee the correctness of the filing.
• The timeliness of the second filing, made after becoming aware of the error, was considered a favourable element.

Conclusions

Judgment no. 16552 of 2024 represents an important step towards a greater understanding of the dynamics between law and technology. Recognizing the excusability of errors in electronic filing allows for the protection of users' rights and the promotion of a more accessible and just legal system. It is essential for legal professionals to be aware of these developments and to prepare to manage the challenges arising from the increasing use of technology in civil proceedings.