With regard to the so called “Fornero” procedure the Court of Cassation, with judgment no. 10133/2014, clarified that the decree (which is immediately enforceable according to art. 1, par. 49, Law no. 92/2012) is subject to the ordinary rules of the civil challenge. The decree, issued within the “Fornero” procedure, must be challenged before the same judge who issued it and, once the first instance judgment has been issued, this latter can be appealed before the Appeal Court. According to the Court, the appeal can be avoided – taking place the so called “per saltum” formal claim before Court of Cassation – only if a relevant agreement between parties has been reached.
