The improbability of the appeal due to objective impossibility of verifying the timely constitution of the 'appellant

Note to ruling of May 18, 2023 by Luca Conte .

The pronouncement under comment makes certain clarifications in relation to the sanction of improper appeal. According to the distinction made by the Supreme Court on the subject of the constitution of the appellant should not confuse the failure to comply with the forms, the derivative nullity of which can under certain conditions be remedied, with the timeliness of the same, the unofficial control of which, removed from the availability of the parties , can be effectively accomplished only if the documentation inherent in the notification process has been produced in the case file.