BILL APPROVED CONCERNING NEW CIVIL LAWSUITS

On 6 November 2014, the Chamber of Deputies gave final approval to the bill (S. 1612) to convert Decree Law No. 132/2014, which is aimed at improving the overall efficiency of civil lawsuits. Below is a summary of the main revisions.

• TRANSFER OF PENDING PROCEEDINGS TO ARBITRAL TRIBUNALS
  At the mutual request of the parties, civil cases that are pending before the court or that are being appealed on the date that the Decree Law enters into force may be transferred from the court to an arbitral tribunal, with the exception of cases on which a ruling is awaited, those that relate to inalienable rights, and, other than specific cases, those dealing with labour matters.
• ASSISTED NEGOTIATION
  A new tool is being added for out-of-court settlement of disputes: the concept of negotiation assisted by one or more lawyers. There are no limits to what this may cover, other that inalienable rights and disputes involving labour matters.
  The adopted law does not, however, take into account art. 7 of the cited Decree Law (“Conciliation regarding the rights of the employee”), which had provided for a negotiation procedure assisted by a lawyer for conciliation actions involving the employee’s rights. Unfortunately, this was a missed opportunity to simplify the employer’s obligations.
• HOLIDAY ABEYANCE
  The period of holiday abeyance of the procedural time limits has been reduced from 45 to 31 days, as has the duration of holiday for judges and State lawyers, from 45 to 30 days. Nothing has changed for labour proceedings, where no provision was made for the holiday abeyance of time limits.
• MODIFICATION OF THE SYSTEM FOR PAYMENT OF EXPENSES
  Payment can be ordered by the court only in cases where both parties lose, where the issue before the court is completely novel, or where case law has changed with respect to the issues resolved. It remains to be seen whether the arrangement will actually be applied in labour proceedings as well.
• SWITCH FROM THE REGULAR PROCEDURE TO THE SUMMARY PROCEDURE FOR SIMPLE LAWSUITS
  Lawsuits that are less complicated and for which a simplified preliminary investigation is sufficient are switched as matter of course from the regular procedure to the summary procedure, unless objected to in writing.
• THIRD-PARTY DECLARATION
  With regard to third-party appropriation, the declaration must be made by the third party by means of a registered letter or certified email in order for large companies and public administration authorities to avoid the inefficiencies associated with having to appear at hearings. A small change in the right direction.
• FRUITLESS ENFORCEMENT
  The enforcement process may be terminated early due to fruitlessness if it proves impossible to reasonably satisfy creditors, taking into account the costs necessary for continuing the procedure, the likelihood that assets will be liquidated, and the value expected to be realised.