United Sections on the admissibility of the new preliminary reference in interlocutory proceedings
The United Sections'on the admissibility of the new preliminary reference in interlocutory proceedings
The United Sections pronounce themselves in the sense of the admissibility of the preliminary reference pursuant to art. 363-bis c.p.c. even if proposed by the judge "of the precautionary" Through a motivation essentially based on the concept of "judge of merit" and compatibility between the urgency of the typical precautionary jurisdiction and the suspension of the judgment a quo, the S. C. always recognizes to the judge of the precautionary the initiative aimed at causing the so-called nomofilachia preventive. The commentary note makes explicit some critical reflections (and perplexities) on the reasoning articulated by the U.S.
Contributed by Luca Conte
Full article: Giustizia Civile