Court of Appeal of Messina, 12 January 2023, n. 18
Legal Principle
The activity of the referees rituals has nature jurisdiction and replacement of the function of the judge ordinary, so the to establish if a controversy belt to the cognition of the first or second si configua ra as question of competence, while the sanction if a quarrel belongs to competence jurisdiction of the judge ordinary e, in such scope, a the replacement of the referees rituals, a a d El judge administrative or accounting, gives place ad one question of jurisdiction; therefore the question about the eventual not compromising ad referees of the controversy, per being the same reserved a LLA jurisdiction of the judge administrative, integrates a question of jurisdiction which, where it comes in relief, the judge of the appeal of the praise arbitral is kept ad examine and decide even ex officio.
Methodological Notes
standard