Court of Appeal of Bari, 24 March 2021, n. 586
Legal Principle
The sentence with the which the judge states or denies the own competence in relationship a one convention debit it is challengeable exclusively with the regulation competence, to senses of the articles 819-ter and 42 cod. Proc. Civ., If if if the sentence has pronounced only on competence; i.e., when the judge has stated, although in presence a one convention of arbitration, of power know of the case, or it has denied, just a cause of the presence a convention convention of arbitration, of to know of the case, without though decide the merit of the case. instead, if the judge, with the sentence with which has affirmed or denied the own competence in relationship a convention debit, has d Eciso the merit of the cause, ai senses of art. 43 cod. proc. civ. the sentence can be contested optionally or with the regulation of competence or in the ordinary ways (therefore, in the case of judgments first degree, with the appeal).
Methodological Notes
standard