Order No. 18465 of 2024: Analysis on the Determination of Judicial Expenses

The order no. 18465 of July 5, 2024 represents an important milestone in Italian jurisprudence regarding the determination of legal costs borne by the losing party. In this context, the Court of Appeal of Bari thoroughly addressed the "disputatum" criterion and the necessity of adequacy and proportionality of legal fees. But what does this mean exactly and what are the practical implications for the parties involved in a legal dispute?

The "Disputatum" Criterion and Judicial Expenses

According to the Court, for the purpose of reimbursing litigation expenses, the value of the dispute must be established based on the principle of proportionality. This implies that the reimbursement should reflect the actual professional work performed, as deduced from the fees for judicial services. The "disputatum" criterion refers to what is requested in the introductory act of the proceedings or in the appeal document.

  • The value of the dispute is determined by the amount awarded by the first judge.
  • In the case of an appeal limited to the condemnation of one party to pay the costs of the first instance judgment, the value of the dispute coincides with the awarded expenses.
  • This approach aims to ensure a balance between expenses and the actual work performed by lawyers.
Reimbursement of expenses borne by the losing party - Determination of the value of the dispute - Criteria - Reference to what is requested in the introductory act of the proceedings or in the appeal - Conditions and limits - Second-degree judgment limited to the decision on the condemnation of one party to the first-degree costs - "Disputatum" criterion - Amount awarded by the first judge - Basis. For the purposes of reimbursing litigation expenses borne by the losing party, the value of the dispute should be established, in harmony with the general principle of proportionality and adequacy of lawyer fees, based on the actual professional work performed, as deduced from the systematic interpretation of the provisions regarding fees for judicial services, based on the disputatum criterion, i.e., what is requested in the introductory act of the proceedings or in the partial appeal against the judgment; it follows that, if the second-degree judgment exclusively concerns the evaluation of the correctness of the decision condemning one party to the costs of the first-degree proceedings, the value of the dispute, for the aforementioned purposes, is given by the amount of the expenses awarded by the first judge, with such sum constituting the disputatum submitted for the appellate judge's examination.

Practical Implications of the Ruling

This order has significant implications for the parties involved in a legal dispute. Firstly, it establishes a clear reference for determining legal costs, avoiding subjective interpretations that could lead to injustices. Furthermore, it emphasizes the importance of proper legal representation, as the expenses must reflect the work actually performed. Finally, the ruling urges lawyers to carefully consider the requests made during the proceedings, knowing that these will directly influence the value of the dispute and any potential costs.

Conclusions

In conclusion, order no. 18465 of 2024 represents an important step in Italian jurisprudence, clarifying crucial aspects of the determination of litigation expenses. Through the "disputatum" criterion, the Court has established a principle of proportionality that aims to ensure fairness and justice in legal disputes. It is essential that all actors involved in the process understand these dynamics to ensure effective management of their cases.

Bianucci Law Firm