Analysis of Ordinance No. 18140 of 2024: Notifications in Single Copy and Plurality of Parties

Recently, the Court of Cassation issued Ordinance No. 18140 on July 2, 2024, addressing a crucial issue in civil procedural law: the notification of procedural acts in cases of plurality of parties. This ruling is particularly significant for lawyers and legal practitioners, as it clarifies certain dynamics related to the notification of acts in situations where an individual acts both in their own name and as a legal representative of another entity.

The Context of the Ruling

In the case at hand, the Court had to decide whether it was necessary to notify the appeal pursuant to Article 702-bis of the Civil Procedure Code in multiple copies when a subject acts both in their own name and as a legal representative of a company. The Court determined that, in such circumstances, the obligation to notify procedural acts in a number of copies corresponding to the number of recipients does not exist. This principle is based on the uniqueness, in procedural terms, of the person acting in both capacities.

The Ruling's Maxim

PLURALITY OF PARTIES Individual participating in the proceedings in their own name and as legal representative - Notification of procedural acts in a single copy - Sufficiency. The obligation to notify procedural acts (in this case, the appeal pursuant to Article 702-bis of the Civil Procedure Code) in a number of copies corresponding to the number of recipients does not exist when an individual is in court in their own name and, at the same time, as a legal representative of another entity (in this case, the limited liability company in liquidation), as in this hypothesis, the notification of the act in a single copy is sufficient, given the uniqueness, in procedural terms, of the person acting simultaneously in their own capacity and as a legal representative of another entity.

Practical Implications of the Ruling

This ruling provides important practical guidance for lawyers and legal professionals. The main implications include:

  • The simplification of notification procedures, avoiding the need to send multiple copies for acts involving the same person in different roles.
  • Greater clarity in legal relationships, reducing the risk of errors or disputes related to notifications.
  • A favorable interpretation of the law that takes into account the specificities of the concrete case, promoting a more practical and less formal approach.

Conclusions

In conclusion, Ordinance No. 18140 of 2024 represents a step forward in simplifying procedural processes in Italy. It recognizes the complexity of situations where an individual can act in multiple capacities, establishing a principle of sufficiency in the notification of procedural acts. This not only facilitates the work of lawyers but also contributes to making the judicial system more efficient and accessible for citizens.

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