On 11 November 2024, Legislative Decree No. 164/2024, which introduces new amendments to the Civil Procedure Code, was published in the Official Gazette. In addition to streamlining and simplifying the rules recently introduced by the Cartabia Reform, the intervention also incorporates and codifies previously developed practices in implementation of the new operating methods introduced with the telematic process. In particular, the corrective decree eliminated references to paper documents and strengthened the adoption of digital tools by institutionalising the transmission of communications and notifications by certified electronic mail (PEC). The amendments aim to ensure greater efficiency, clarity, and consistency in the Italian civil procedural system.
The main areas of intervention include the following:
► Notifications
The new rules for telematic notifications provide for the use of PEC as the main tool for communications. In particular, the reformulated Article 149bis of the Code of Civil Procedure identifies the moment of completion of service by fixing it, for the notifying party, when the electronic document to be served is handed-over to the bailiff and, for the addressee, when the delivery receipt is generated by the relevant electronic mail operator or qualified certified electronic delivery service.
► Content of the writ of summons
The new Article 163 of the Code of Civil Procedure provides that the minimum content of the summons must also include the certified e-mail address of the defendant and of the persons representing or assisting them. Failure to comply with these requirements entails the nullity of the document, pursuant to Article 164 of the Code of Civil Procedure, unless the judge grants a time limit for renewal.
► Preliminary verifications pursuant to Article 171bis of the Italian Code of Civil Procedure
This rule has maintained a general structure similar to the previous version introduced by the Cartabia Reform, albeit with the following changes:
- when, following the preliminary verifications, it is necessary to postpone the first hearing (e.g. because of the need to involve in the proceedings all necessary parties, renew the application or make third party summonses), the judge carries out a new verification of the preliminary issues at least 55 days before the hearing itself,
- when no such measures are necessary, the judge confirms or postpones the first hearing, informing the parties of any issues that can be raised ex officio that need to be dealt with in the supplementary pleadings provided for by Article 171ter of the Code of Civil Procedure.
In addition, the verification of the appropriateness of the chosen procedure (previously governed by Article 183bis of the Code of Civil Procedure, now repealed) has been brought forward to the stage of preliminary verifications. In the event of conversion from the ordinary to the simplified procedure, the judge fixes a new hearing and grants the parties a time limit to adapt their defence to the special procedure.
► New provisions on appeal proceedings
- In second instance proceedings, the appellant shall enter an appearance according to the forms and terms provided for the proceedings before the court (art. 347 of the Code of Civil Procedure), whereas the other parties shall enter an appearance within 20 days prior to the hearing indicated in the summons (a term within which any cross-appeal must also be lodged);
- In proceedings before the Court of Cassation, the need for the defense lawyer to obtain a new special power of attorney to request the Court to issue an expedited decision on appeals deemed inadmissible, inadmissible or manifestly unfounded pursuant to Article 380bis of the Code of Civil Procedure is no longer provided.
► Simplified procedure
The simplified procedure (Article 281decies of the Code of Civil Procedure) is now also applicable in the absence of the typical prerequisites (e.g., cases with non-controversial facts or decisive documentary evidence). Moreover, it can also be adopted in oppositions to enforcement, enforcement acts and injunctive decrees.
The new provisions entered into force on the 26th of November 2024 and apply to proceedings commenced after the 28th of February 2023.
