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KINDS OF JUDGMENT IN ITALY

Litigation in Italy


Types of civil and commercial judgments in Italy


The court’s decision in Italy is issued upon a civil or commercial litigation.


There are 3 types of decisions that can be issued by a court in Italy:


1) sentenza (sentence): the court issues the judgment based upon facts and law’s features

  • sentenza contumaciale: is the judgment issued in absence of the defendant
  • sentenza non definitiva: is an interlocutory judgment issued during the course of a civil suit which states on intermediate objects, without issuing a final decision

2) ordinanza: it happens when the court issues any necessary orders during a civil lawsuit (or after the request of a party or freely by the court)


3) decreto: it happens when the judge issues orders on instance of a party without summoning the other or freely by the court itself


The recognition in Italy of judgments and arbitration awards issued by a foreign courts is possible without proceeding if:

  • the parties attended at civil process in accordance with the laws of country of proceedings (or the failure to appear was declared in accordance with that law)
  • the sentence is not contrary to another sentence issued by an Italian court that became final judgment no more changeable (res judicata)
  • no further proceedings started prior the foreign proceeding are pending before a court in Italy concerning the same item and involving the same parties
  • the contents of the judgment is not contrary to Italian public policy (as per art. 64, Law No. 218 of May 31, 1995)
  • the foreign court that issued the judgment could decide the claim also in accordance with Italian principles on jurisdictional competence
  • the notice of claim to defendant was in compliance with the provisions of laws of the foreign country where proceedings were held; and also essential rights of defense haven’t been infringed.

The person interest to recognize a sentence in Italy could claim the court of appeal in order to check the existence of the requisites of recognition if:

  • the foreign judgment is not in compliance with recognition or 
  • there is an objection to recognition or
  • is necessary to proceed with forced execution.

The beneficiary of a foreign judgment is entitled to implement and to forced execution of it. 


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