The only procedural instrument per to contest the ruling with the which the court has declined the own potestas iudicandi, without, therefore, dir imere the dispute insurgent between the parts, is constituted by regulation necessary of competence, from proposal to senses of art. 47 before to the Court of Cassation, and not from the ordinary half of appeal of the appeal, espireable, at rule of art. 43, co. 1, cod. proc. civ., n she different hypothesis in the decision of first grade has it concerned not only the competence of the judge session, but also the merit of the case.