The Court of Cassation, in judgement no. 15023/23, published on 29 May 2023, confirmed that the application for recognition in Italy of a foreign judgement, pursuant to article 67 of Law no. 218/95, does not constitute an application for the commencement of a cognitive judgement for the ascertainment of a right, but rather an autonomous action, aimed at a ruling with merely procedural effects. Consequently, such an application does not determine the interruption of the limitation period, pursuant to Article 2943(1) of the Civil Code.

For the text of the judgment click here

Marco Sposini

Lawyer – Studio Legale Sardo – Milan