Yes, it is possible to initiate civil proceedings before all the courts and courts of appeal. For pre-trial injunctions in any court, it is mandatory.
In contentious and non-contentious civil actions and enforcement proceedings before the courts and appeal courts, the counsel of previously constituted parties may only submit procedural acts and documents by electronic means. The same is true for the submission of acts and documents by persons appointed or delegated by the judicial authorities. For all other acts, submission by electronic means is always allowed.
Pre-trial injunctions are handled exclusively by electronic means.
The service for the electronic submission of documents is available round the clock.
Yes, the technical specifications to be complied with are set out in a measure dated 16 April 2014. They can be found at the following link:
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.
An electronic signature is required; a record of the time is not necessary.
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.
Yes, by an electronic document equivalent to the paper one.
With respect to the submission of an application, the defendant is free to act as they see fit; electronic submission is, however, mandatory during the course of proceedings before the courts and courts of appeal.
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.
The same rules as for paper proceedings apply.
See the replies to questions 1 and 2.
Communications and notices to the parties’ lawyers are sent only via the internet (certified electronic mail (PEC) under the Italian rules).
Yes. Pre-trail injunctions are issued in electronic format only (from 30 June 2014).
Civil courts issue some 300 000 decisions in electronic format every month.
An appeal can be lodged via the internet. The decision on the appeal is notified only via the internet (certified electronic mail (PEC) under the Italian rules).
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.
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