Published on 18 December 2023
FIRST SECTION
Application no. 909/21
Giulio PUCCINI against Italy
and 2 other applications
(see list appended)
communicated on 27 November 2023
SUBJECT MATTER OF THE CASE
The applications concern the decisions of the Court of Cassation to declare the applicants’ appeals on points of law inadmissible for failure to comply with the formal requirements provided for by Article 366 § 1, nos. 3 and 6, of the Code of Civil Procedure and with the principle of the autonomy of the appeal on points of law (autosufficienza del ricorso in cassazione).
The applicants, relying on Article 6 § 1 of the Convention, complain that they were deprived of access to a court.
QUESTIONS TO THE PARTIES
1. Did the dismissal of the appeals by the Court of Cassation on formal grounds impose a disproportionate restriction on the applicants’ right to access to court, guaranteed by Article 6 § 1 of the Convention (see Succi and Others v. Italy, nos. 55064/11 and 2 others, §§ 71-85, 28 October 2021)?
2. In particular, was the application of these formal requirements provided for by Article 366 § 1, nos. 3 and 6, of the Code of Civil Procedure and with the principle of the autonomy of the appeal on points of law compatible with the Court’s case-law on “excessive formalism” (see, among many others, Zubac v. Croatia [GC], no. 40160/12, §§ 80-82, 87-89 and 96-99, 5 April 2018, and Succi and Others, cited above, 86-95)?
APPENDIX
No.
Application no.
Case name
Introduction date
Applicant’s name
Year of birth/registration
Place of residence
Nationality
Representative’s name
Location
Relevant domestic decision
1.
909/21
Puccini v. Italy
15/12/2020
Giulio PUCCINI
1969
San Romano in Garfagnana
Italian
Federico
DI SALVO
Florence
Court of Cassation, R.G. 24388/17,
order no. 11598, 15/06/2020
2.
23706/22
Pulcini v. Italy
29/04/2022
Renato PULCINI
2022
Borgosatollo
Italian
Court of Cassation, R.G. 15083/20,
order no. 276, 07/01/2022
3.
27751/22
Tecno Imac Srl v. Italy
25/05/2022
TECNO IMAC SRL
1999
Rome
Italian
Gianfranco GARONE
Rome
Court of Cassation, R.G. 35689/19,
order no. 2441, 27/01/2022
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