La natura giurisdizionale del parere di congruita{'} dei compensi professionali nella prospettiva del regolamento Bruxelles I-bis: prime riflessioni all’indomani della legge 21 aprile 2023, n. 49

To facilitate credit recovery of professionals enrolled in professional associations, the newly enacted Legge 21 April 2023, no 49, envisages the possibility for professional associations to issue – upon application of the professional – an opinion on the appropriateness of the fees charged to the client. If unopposed by the debtor, the opinion entitles the professional to commence enforcement against him or her. This short paper argues that such an opinion fits the definition of ‘decision’ under regulation EU no 1215/2012 of the European Union and, hence, is capable of automatic recognition and enforcement in the European judicial area. This implies that professional association are bound to the rules on jurisdiction enshrined in the same regulation and should refrain from issuing the opinion when Italian authorities are not invested with jurisdiction under the regulation.