« Arrière
26.102009

Court of Cassation: Reconciliation, the omission is not objectionable

The Court of Cassation, with the decision No. 21797/09, has clarified that, in the process concerning labour issues, the lack of the mandatory out of court attempt to settle, which is provided as a condition without which the claim can not be proposed, has to be pleaded by the defendant in the defence, and can be pointed out by the court, but within the hearing under Article. 420 Italian procedure civil code with the result that, where the action is bared to prosecution is not declared by the court within the specified term, the matter can not be pleaded in the judgements of second or third instance.