Court of Appeal of Genoa, 11 July 2016, n. 761
Legal Principle
The sentence with the which the judge of the opposition A decree injunction declares the nullity of the decree opposite exclusively for incompetence of the judge that the has emitted, per being competent the arb itri, integrates a statute on competence, and not one pronunciation on merit, being the declaration nullity not only consequent, but also necessary compared to to declaration of incompetence; and ci ò also in the case in the sentence contains condemnation to the return of how much perceived by the recurrent in force of the injunctive decree declared provisionally executive, being even such statuti One consequence needs of the declaration of nullity of the decree opposite and, therefore, of the statuition of incompetence. such pronunciation it is therefore challengeable exclusively with regulation of competence.
Methodological Notes
standard