Brief update of civil procedure according to the latest Supreme Court rulings filed in March 2023.
In its Order no. 6318 of March 2, 2023, the Court of Cassation ruled that – in the case of notification by certified email (PEC) – the power of attorney issued in analog form and transformed into an electronic copy requires a certification of conformity with the original by the defense attorney, to be included in the notification report, under penalty of inadmissibility of the appeal.
The Court of Cassation points out that the lack of certification of conformity of the power of attorney served together with the appeal by means of certified email (PEC) did not imply the inadmissibility of the notification but a mere irregularity that could be remedied , in the context of filing the paper file, with the timely filing of the appeal and the power of attorney in the original analog form, together with the missing certificate.
But this was, precisely, in the “context of filing the paper file,” which today has been totally replaced by the obligation of telematic filing of documents even in the case of the Court of Cassation.
