The Joint Condemnation of Legal Costs: An Analysis of Judgment No. 16116 of 2024

The recent order No. 16116 of June 10, 2024, from the Court of Cassation has proven to be fundamental in clarifying the methods of joint condemnation of litigation costs. This ruling, issued by President Cristiano Magda and rapporteur Roberto Amatore, addresses a matter of crucial importance in civil procedural law: the condemnation of costs for multiple losing parties, with particular reference to the commonality of interests among the involved parties.

Joint Condemnation and Commonality of Interests

According to the Court, the joint condemnation of the losing parties can be justified even in the presence of a mere commonality of interests. This means that when the parties present a substantial identity in the disputed issues, a joint condemnation is possible. However, the Court clarified that such a condemnation cannot be applied if the claims made by the various losing parties have significantly different values.

JOINT LIABILITY Commonality of interests - Joint condemnation - Claims of significantly different value - Lack of solidarity - Reasons - Case. Regarding the regulation of litigation costs, the joint condemnation of the losing parties can also be justified in light of a mere commonality of interests, which exists even in the presence of a convergence of defensive attitudes, when there is a substantial identity of the disputed issues between the parties in the process; however, joint condemnation is not permitted when the various losing parties have made claims of significantly different value, as solidarity ceases when the common interest exists for part of the claim and not for the rest. (In application of the principle, the Supreme Court annulled the merit decision that had jointly condemned the two losing parties to pay litigation costs, one of whom had made a request for a condemnation to the restitution of 900,000 euros, while the other a request for only 10,000 euros).

The Practical Implications of the Ruling

This ruling has important practical implications for lawyers and their clients, as it establishes clear criteria for the condemnation of litigation costs. There are various situations in which such principles can be applied:

  • Convergence of interests: when the parties share a common interest, even if their legal positions are different.
  • Value of the claims: it is essential that the claims do not present an excessive disparity in value to avoid joint condemnation.
  • Defensive strategies: the strategic choices of lawyers can influence the Court's decision regarding solidarity.

Conclusions

In conclusion, order No. 16116 of 2024 represents an important step forward in clarifying the rules regarding the condemnation of litigation costs in the context of multiple losing parties. It emphasizes the need for careful evaluation of the claims and interests at stake, to ensure a fair and equitable distribution of legal costs among the involved parties. This clarity will be useful for lawyers in advising their clients and planning defense strategies.

Bianucci Law Firm