Analysis of Judgment no. 18502 of 2024: Provisional Award and Enforceability

Judgment no. 18502 of 2024 of the Court of Cassation, presided over by Dr. A. Scrima and reported by Dr. I. Ambrosi, addresses a matter of significant legal importance: the enforceability of a provisional award following a reform by the Court of Appeal. The court has established that, once reformed on appeal, the provisional award loses its status as an enforceable title, leading to important reflections on the practical consequences for the parties involved.

The Regulatory Context

According to Article 539 of the Code of Criminal Procedure (c.p.p.), a provisional award is a measure that allows the injured party to obtain immediate compensation pending the final judgment. However, the same provision states that such an award can be reformed on appeal, generating uncertainty regarding its enforceability. In this judgment, the Court clarifies that once reformed, it definitively loses its character as an enforceable title, both for the merits and for the costs.

Effects of Reform and New Enforcement

In general. The provisional award pursuant to art. 539 c.p.p., once reformed on appeal, loses its enforceability, both with regard to the merits and the costs contained therein, in application of art. 336 c.p.c. Furthermore, it must be excluded that, following the cassation of the appeal judgment with referral to the civil judge ex art. 622 c.p.p., the new acceptance of the original compensation claim entails the revival of the enforceability of the definitively annulled title, being able only to found the right to a new enforcement.

This principle was applied in the analyzed case, where the Court confirmed the rejection of the opposition to the payment order concerning the refund of sums paid following a reformed provisional award. It was held that the cassation of the criminal appeal judgment, which had acquitted the defendants, had no effect on the civil rights related to the reformed provisional award.

• The provisional award loses its effectiveness once reformed on appeal.
• The revival of the enforceability of the annulled title is not possible.
• A new enforcement proceeding must be initiated in case of re-acceptance of the compensation claim.

Conclusions

Judgment no. 18502 of 2024 represents an important clarification on provisional awards and their enforcement effects. The Court of Cassation, with this decision, has reinforced the principle that the reform of a provisional award on appeal not only causes it to lose its effectiveness as an enforceable title but also requires the initiation of a new proceeding to obtain compensation. This aspect becomes crucial for lawyers and their clients, as it highlights the importance of carefully considering the implications of a provisional award in the appeal stage.