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Court of Appeal of Genoa, 11 July 2016, n. 761

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.

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