In this judgment the Italian Supreme Court, first section, after having analysed for the first time the issue of the recognition and the enforcement of foreign coercive measure in Italy under EC Regulation No. 44/2001, held that astreinte is not contrary to Italian public policy. The author, according to the solution proposed by the Supreme Court of Cassation, addresses the topic of the role of the public policy exception as a ground for non recognition of foreign judgments and analyses the rationale of the decision: also evaluating the compatibility of the astreinte with the fundamental principles of Italian legal system.
Misure coercitive straniere e loro eseguibilità in Italia: la Cassazione riconosce la compatibilità dell’astreinte con l’ordine pubblico interno
Pilloni Monica
2016
Abstract
In this judgment the Italian Supreme Court, first section, after having analysed for the first time the issue of the recognition and the enforcement of foreign coercive measure in Italy under EC Regulation No. 44/2001, held that astreinte is not contrary to Italian public policy. The author, according to the solution proposed by the Supreme Court of Cassation, addresses the topic of the role of the public policy exception as a ground for non recognition of foreign judgments and analyses the rationale of the decision: also evaluating the compatibility of the astreinte with the fundamental principles of Italian legal system.
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