Order No. 16552 of 2024: Excusability of Error in Electronic Filing

The ruling No. 16552 of June 13, 2024, issued by the Court of Cassation, sheds light on a highly relevant issue in the context of civil procedural law: the excusability of error in the electronic filing of documents. The Court, chaired by F. De Stefano and reporting judge M. Rossetti, had to decide on a case in which an electronic filing was made to a PEC address that was no longer active, generated automatically by software.

The Specific Case

In this instance, the opposing party had made a filing that, although formally correct, proved ineffective due to a computer error. The Court deemed this error to be excusable, justifying the decision with the fact that the user was unable to prevent or intercept the error with ordinary diligence. This approach is particularly significant, as it acknowledges technological evolution and its implications in law.

In the context of appeals to the Supreme Court, an error in the electronic filing of the document - executed to a PEC address that is no longer active - must be considered excusable if it is caused by software and the user is unable to prevent or intercept it with the ordinary diligence expected of a reasonable individual, as one cannot demand a level of specialist technical competence in a field still characterized by strong technicality and difficult intuition regarding its operational modalities.

Legal and Technical Implications

This ruling highlights the importance of a balanced approach in assessing user responsibilities in situations where technology plays a crucial role. The current regulations, particularly Article 153 of the Code of Civil Procedure, establish that the filing of documents must occur according to specific modalities, but it is not always possible to foresee computer errors.

  • The Court emphasized that users are not required to have a level of specialist technical competence.
  • It is necessary for users to have access to adequate tools that ensure the correctness of the filing.
  • The timeliness of the second filing, made after awareness of the error, was considered a favorable element.

Conclusions

Ruling No. 16552 of 2024 represents an important step towards a greater understanding of the dynamics between law and technology. Recognizing the excusability of error in electronic filing helps protect users' rights and promotes a more accessible and fair legal system. It is essential for legal professionals to be aware of these developments and to prepare to manage the challenges arising from the increasingly widespread use of technology in civil proceedings.

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