Order No. 9343 of 2024: Appealability of the Declaration of Inadmissibility

The recent Order No. 9343 of April 8, 2024, issued by the Court of Cassation, provides important clarifications regarding the appealability of declarations of inadmissibility of appeals for procedural reasons. The ruling, which involves the parties A. (D'AMBROSIO GIUSEPPE) and P. (SANTORIELLO MARCELLO), highlights the importance of specificity in the acts of appeal and their appealability to the Court of Cassation, leading to significant reflections for the world of civil law.

Context of the Judgment

The central issue addressed by the Court concerns the declaration of inadmissibility of the appeal, adopted pursuant to Article 348-ter of the Civil Procedure Code. This article establishes that an appeal can be declared inadmissible for procedural reasons, but the Court of Cassation has clarified that such a declaration is appealable. This aspect is fundamental: the Court has maintained that the declaration does not express a negative judgment on the merits of the appeal but is limited to issues of form.

Practical Impacts of the Judgment

This order has significant practical repercussions. Here are some key points:

  • The possibility of appealing the declarations of inadmissibility allows for an additional chance of review for the appellants.
  • The Court accepted the ground for appeal concerning the specificity of the appeal act, emphasizing the importance of drafting clear and well-structured documents.
  • This judgment may encourage greater rigor in the preparation of appeal acts, as their adequacy is scrutinized with greater attention.
The declaration of inadmissibility of the appeal for procedural reasons, adopted by order referencing Article 348-ter of the Civil Procedure Code, is appealable by ordinary appeal to the Court of Cassation, as it is, in substance, a procedural ruling that, not containing any negative prognostic judgment regarding the merits of the grievance, is pronounced outside the cases provided for by law. (In applying the principle, the Supreme Court, accepting the ground for appeal concerning the sufficient specificity of the appeal act, annulled with referral the order that had declared inadmissible, pursuant to Article 342 of the Civil Procedure Code, the appeal against the first instance judgment).

Conclusions

In conclusion, Order No. 9343 of 2024 represents a step forward in the protection of the rights of appellants, ensuring them the possibility to review the decisions of inadmissibility adopted for procedural reasons. It is essential for legal practitioners to understand the implications of this ruling and to adopt a more careful and specific approach in the preparation of appeal acts, in order to avoid inadmissibility and ensure a fairer justice.

Bianucci Law Firm