Order No. 18966 of 2024: The Meeting of Appeals in the Supreme Court

The recent order no. 18966 of July 10, 2024, issued by the Supreme Court, provides insights on the delicate issue of the meeting of appeals in the Supreme Court, particularly regarding those filed against appeal judgments and judgments on revocation. This topic is crucial for ensuring an effective legal process that respects the principle of reasonable duration.

The Context of the Judgment

The decision under review is part of a framework of civil appeals, in which G. (QUAGLIETTA DINO) has challenged the judgment of the Court of Appeal of Reggio Calabria dated May 21, 2019. The central issue concerns the possibility of joining the appeals for cassation filed against the appeal judgment and that which decides on the appeal for revocation of the first.

Appeal for cassation filed against the appeal judgment and that which decides the appeal for revocation of the first - Concurrent pendency - Joining - Admissibility - Conditions. The appeals for cassation filed, respectively, against the appeal judgment and against that which decides the appeal for revocation of the first, in the case of concurrent pendency at the legitimacy level, may, if deemed appropriate and not prejudicial to the principle of reasonable duration of the process, be joined by analogical application of art. 335 c.p.c., it being understood that, in the absence of a meeting, if the appeal judgment is revoked, the cassation judgment would also be overturned pursuant to art. 336, paragraph 2, c.p.c.

The Implications of the Decision

This order highlights the importance of joining appeals, which helps to avoid contradictions in decisions and simplifies the legal process. The Supreme Court, recognizing the possibility of joining appeals in the case of concurrent pendency, protects the principle of procedural economy and aims to ensure a quicker resolution of disputes. In particular, the reference norm is article 335 c.p.c., which regulates the joining of cases.

  • Joining of appeals: an opportunity to simplify the process.
  • Principle of reasonable duration of the process: a fundamental value.
  • Implications for jurisprudence: avoidance of contradictions and inconsistencies.

Conclusions

In summary, order no. 18966 of 2024 represents a significant step in Italian jurisprudence, emphasizing the relevance of joining appeals in the Supreme Court. This decision not only clarifies the conditions for joining but also reaffirms the fundamental principle of reasonable duration of the process, contributing to ensuring a more efficient and less burdensome justice for the parties involved. It is essential for legal professionals to closely follow these jurisprudential developments to provide increasingly competent and up-to-date legal assistance.

Bianucci Law Firm