Litigation and Dispute Management

Implementation of electronic proceedings in Italy

The Ministry of Justice has given some practical instructions to Court Clerks (and lawyers) to interpret and implement the electronic proceedings in Italy (including the latest rules passed by Law Decree dated 24 June 2014, no. 90, mentioned in last week’s newsletter) covering, inter alia, the following matters:  keeping of paper files by the Court Clerks (in certain instances set out under the law); copies of briefs to be provided to the Office and members of the Court; informal copies of the briefs; timing for the Court Clerks to accept / manage filing of briefs; time for filing of briefs and postponement of terms lapsing on a Saturday or on a holiday; failure to file briefs; full notice of Courts’ measures (including judgments). 

Meanwhile, Courts have started applying new rules governing the Italian civil procedure and therefore declared non-admissible a petition for a payment order (“Ricorso per decreto ingiuntivo”) filed after 30 June not in an electronic format.

To read the entire text of the Circular of the Ministry of Justice dated 27 June 2014 please click here

Court of Reggio Emilia dated 1 July 2014

Environmental

FITs Retrospective Cut Bill submitted to the Senate

Law Decree 91/2014 has been submitted to the Senate for consideration, approval and enactment.  Under the Decree any solar PV plants with a nominal output of more than 200kW face retrospective cuts to their feed-in tariff.  The FIT recipient can choose between extending the FIT period to 24 years rather than 20 years or accepting an 8% cut to the FIT.  The renewable energy associations are challenging the Decree, claiming the Decree is unconstitutional and seeking help from the EU.