La concessione di una freezing injunction non preclude la riconoscibilità in Italia della successiva sentenza di merito resa nel medesimo giudizio

Translated title of the contribution: [Autom. eng. transl.] The granting of a freezing injunction does not preclude the recognition in Italy of the subsequent judgment on the merits given in the same judgment

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The paper analyzes the ordinance n. 25064 made by the Court of Cassation on 16 September 2021. The Court stated that art. 64, letters b) and g) of law no. 218 of the reform of the Italian system of private international law must be interpreted in the sense that a violation of the essential rights of defense and of the guarantees attributable to Italian procedural public order, capable of justifying the denial of recognition of a foreign sentence, cannot be considered integrated, for the sole fact that the sentence in question was delivered at the outcome of a proceeding during which the debtor of the sentence was the recipient of a precautionary measure in personam, granted inaudita altera parte, according to the English freezing injunction model. The recognition of a foreign sentence preceded by a precautionary measure can be denied by virtue of the aforementioned provisions only when the issuing of said provision has involved a violation of the fundamental procedural guarantees such as to result, due to its significant impact, in an infringement of the law. defense with respect to the entire process.
Translated title of the contribution[Autom. eng. transl.] The granting of a freezing injunction does not preclude the recognition in Italy of the subsequent judgment on the merits given in the same judgment
Original languageItalian
Pages (from-to)356-365
Number of pages10
JournalTRUSTS E ATTIVITA' FIDUCIARIE
Volume2022
Publication statusPublished - 2022

Keywords

  • Ordine pubblico processuale
  • Procedural public policy
  • Recognition and enforcement of foreign judgments
  • Riconoscimento ed esecuzione di sentenze straniere

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