Analysis of Judgment No. 16404 of 2024: Civil Jurisdiction by Value

In ordinance No. 16404 of June 12, 2024, the Court of Cassation ruled on a crucial issue concerning civil jurisdiction, specifically on the determination of the value of the case and the irrelevance of changes to the claim during the proceedings. This ruling, which deserves careful examination, offers important insights for lawyers and legal professionals.

The Issue of Jurisdiction by Value

The judgment in question established that the determination of the value of the case, for the purpose of identifying the competent judge, must be made at the time the claim is filed. This means that once the judge's jurisdiction is established based on the claims made in the introductory pleading, subsequent changes to the claim do not affect the jurisdiction itself. This principle is based on the need to ensure stability and certainty in judicial proceedings.

Civil Jurisdiction - Jurisdiction by Value - Determination - Change of Claim During Proceedings - Irrelevance - Exclusion The determination of the value of the case for the purpose of identifying the competent judge must be made with reference to the time when the claim is filed, therefore, once the judge's jurisdiction has been established based on the claims asserted in the introductory pleading of the lawsuit and any objections and requests made by the defendant in their first defense, subsequent changes are irrelevant.

Practical Implications of the Judgment

This ruling has significant practical implications for parties involved in civil litigation:

• Stability of Jurisdiction: parties can have certainty about which judge will be competent from the beginning of the process.
• Clarity in Procedural Strategies: lawyers and parties must carefully plan their initial claims and requests.
• Limitation of Dilatory Tactics: the irrelevance of changes to the claim can prevent attempts to alter jurisdiction in favor of a judge deemed more favorable.

Conclusions

In conclusion, ordinance No. 16404 of 2024 represents a clear call for the need to establish jurisdiction by value from the outset of the proceedings. The Court of Cassation, confirming the principles already expressed in previous rulings, offers valuable guidance for the management of civil disputes, thus ensuring greater certainty and stability in the Italian legal system.