Analysis of Judgment No. 15563 of 2024: Appeal for Judge's Incompetence

The recent judgment of the Court of Cassation No. 15563 of June 4, 2024, offers food for thought on the institute of appeal for judge's incompetence. In particular, the Court clarified that the plaintiff does not have the standing to appeal the ruling of the judge they have approached, even if it has proven unfavorable on the merits. This principle has important implications for the management of civil disputes and for the legal strategy of lawyers.

The Principle of Lack of Standing to Appeal

The maxim of the judgment reads:

The plaintiff is not entitled to appeal for incompetence the ruling of the judge they have approached, even if unfavorable on the merits, as the recognition of competence, inferable from the filing of the claim, excludes their defeat on the point.

This principle is based on the idea that, once the plaintiff has chosen to approach a specific judge, they implicitly accept their competence. The Court, referring to norms such as art. 38 of the Code of Civil Procedure, emphasizes that such a choice cannot be disavowed subsequently, even in the event of a negative outcome of the case.

Implications for Parties and Lawyers

• Clarity on the Choice of Forum: The judgment clarifies that the plaintiff must be aware of the judge's competence at the time of filing the claim.
• Legal Strategy: Lawyers will need to pay particular attention to the forum selection phase to avoid future disputes.
• Risks of Defeat: The decision nullifies the possibility of contesting incompetence if the competence of the approached judge has already been accepted.

Conclusions

Judgment No. 15563 of 2024 represents a significant confirmation of the principle of stability of procedural choices and the need for careful evaluation of the legal implications related to appeals. The clarity of the Court of Cassation on this matter can help prevent future litigation and ensure more efficient management of civil disputes. It is essential that parties and their legal counsel fully understand these dynamics for a correct setting of defense strategies.