Order No. 19905 of 2024: Validity of a Power of Attorney Issued Abroad in Italian Civil Proceedings

The recent order of the Court of Cassation, No. 19905 of July 19, 2024, offers important insights into the validity of a special power of attorney issued abroad. This ruling is fundamental for understanding how Italian laws apply to legal situations involving foreign citizens and international legal procedures. In particular, the Court reiterated the necessity for the power of attorney to be issued after the challenged decision, marking an important milestone in the field of civil procedural law.

The Regulatory Context of the Ruling

According to Article 365 of the Code of Civil Procedure, an appeal to the Court of Cassation must be signed by a lawyer holding a special power of attorney. This power of attorney, as established by the Court, must be issued after the challenged decision, even if granted abroad by a foreign citizen. The Court of Cassation referred to Article 12 of Law No. 218 of 1995, which states that civil proceedings in Italy are governed by Italian law, regardless of the nationality of the parties involved.

In the context of appellate proceedings, pursuant to Article 365 of the Code of Civil Procedure, the appeal must be signed by a lawyer holding a special power of attorney, which is valid only if issued after the challenged decision, even if granted abroad by a foreign citizen, as, pursuant to Article 12 of Law No. 218 of 1995, civil proceedings taking place in Italy are governed by Italian law.

Reflections on the Ruling and Its Application

This decision by the Court of Cassation not only confirms the legal principle already affirmed in previous rulings but also clarifies the importance of the correct formalization of the power of attorney. The validity of the power of attorney is crucial for the legitimacy of the legal action undertaken and, consequently, for the outcome of the proceedings. In particular, the practical implications of this ruling are:

• Need to verify the validity of the power of attorney based on the date of issue.
• Importance of consulting a lawyer experienced in private international law.
• Attention to national and international regulations concerning legal procedures.

Conclusions

Ruling No. 19905 of 2024 represents an important guide for lawyers and citizens involved in legal proceedings that include powers of attorney issued abroad. The Court of Cassation has reiterated that Italian law must be respected at every stage of the process, thereby ensuring legal certainty and the protection of the parties involved. The clarity on the validity of a power of attorney granted by a foreign citizen, provided it is issued after the challenged decision, is a fundamental element in the current legal landscape.