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Online processing of cases and e-communication with courts

Италия
Съдържание, предоставено от
European Judicial Network
Европейска съдебна мрежа (по граждански и търговски дела)

1 Is it possible to initiate court proceedings via the internet?

It is possible only for certain types of proceedings (e.g. pre-trial injunctions) and for certain courts.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

The types of proceedings and acts for which documents can be submitted via the internet are listed for each court in the relevant section of the IT services portal of the Ministry of Justice (http://pst.giustizia.it/PST/it/pst_2_4.wp).

Currently, there are no cases that can be handled exclusively via the internet.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The service for the electronic submission of documents is available round the clock.

4 Should the details of the claim be provided in any particular format?

Yes, the technical specifications that must be observed are set out in a measure dated 18 July 2011. They can be found at the following link:

http://pst.giustizia.it/PST/resources/cms/documents/Specifiche_tecniche_18_luglio_2011.pdf

5 How is transmission and storage of data secured?

The ‘IT envelope’ (busta telematica), containing the judicial document and any attachments, is encrypted, to ensure its contents can only be read by the receiving court.

6 Is it necessary to use any kind of electronic signature and/or time record?

An electronic signature is required; a record of the time is not necessary.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

The single fee required by law (contributo unificato) may be paid electronically, via a dedicated online procedure requiring authentication by Italian smart card. The fee is the same as for non‑electronic procedures.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes, by an electronic document equivalent to the paper one.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

No, the defendant may respond as he or she prefers.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The same rules as for paper proceedings apply. The defendant may defend the claim electronically only if the court is authorised to receive online submissions for the type of proceedings and document in question.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The same rules as for paper proceedings apply.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

See the replies to questions 1 and 2.

13 Can judicial documents, and particularly judgments, be served via the internet?

Communications and notices to the parties’ lawyers are sent only via the internet (certified electronic mail (PEC) under the Italian rules).

14 Can judicial decisions be given electronically?

Yes.

15 Can an appeal be made and its decision served via the internet?

An appeal can be lodged via the internet only if the court is authorised to accept online receipt of documents for the type of proceedings and documents in question. The decision on the appeal is notified only via the internet (certified electronic mail (PEC) under the Italian rules).

16 Is it possible to initiate enforcement proceedings via the internet?

Yes, if the court is authorised to accept online filing of the relevant documents.

17 Can the parties or their legal representatives consult on‑line cases? If so, how this can be done?

Yes, by authenticating themselves (using an Italian smart card) at an authorised access point or on the online services portal of the Ministry of Justice.

Related links

http://pst.giustizia.it/PST/resources/cms/documents/Specifiche_tecniche_18_luglio_2011.pdf

Last update: 21/01/2019

The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

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