The Constitutional Court, the sentence no 3 of 14 January 2010, declared the constitutional illegitimacy of article. 140 cod. proc. Civ. (Unavailability or refusal to receive a copy), to the extent that it provides that the notice is perfected, the consignee, the shipment of the registered information, instead of its receipt or at least ten days after shipment.
What is an imperative for those who receive a notification, because the deadlines for appeals shall not, aside from the actual act, but from his expedition.
Needless to say, in special circumstances, holidays, sick leave, travel and so on and so forth, there was a real risk of being drastically reduced term.
summary, now, art. 140 Code of Civil Procedure is unconstitutional to the extent it provides that the notification is perfect for the recipient, with the dispatch of recommended information, rather than receiving the same or at least ten days after its spedizione.Quindi if you receive a writ for you received, or commenced drawing from the words, when it retires, or when to spend the ten days of inventory carried.
the undersigned, from this ruling, is attempting to obtain a declaration prescribed some tax credits, operated by Panei respect of a client by sending the last day accepted that argument utile.Se suggestive open new scenarios in the litigation.
my care will inform you of developments.
Massimiliano Scaringella
lawyer the Court of Rome
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