SUITS FOR INDEMNITY DUE TO EXCESSIVE DURATION OF PROCEEDINGS: In which cases

In which cases

The right to obtain the conclusion of proceedings in a reasonable time is recognized in Italy by law no. 89/’01 (the so-called Pinto Law, confirmed, though with some amendments, by law no. 134/’12).

In the following cases it is possible to file a complaint with the Italian Ministry of Justice for repayment of the damage, in a measure proportionate to the period of time in excess:

  • Procedures at the first degree lasting more than 3 years
  • Executive procedures involving property, real estate or at third parties’ premises lasting more than 3 years
  • Procedures with a total duration of all levels of judgment greater than 6 years
  • Bankruptcies lasting more than 6 years

The terms indicated above apply:

  • whether they suit is won, lost or settled
  • for executive procedures and bankruptcies, in favor of every party in the suit including accessories, even if we have obtained the expected economic result from the procedure whose length is contested
  • for suits that have ended as well as for suits in progress; for suits that have ended the claim must be filed within 6 months of the decision ending the procedure, after which no further claim will be admissible

Contacts

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info@studiolegalesurace.it

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