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Court of Appeal of Milan, 21 October 2025, No. 2792

In matters concerning opposition to a decree of enforceability of a foreign award, the territorial incompetence of the president of the court of appeal who issued the decree renders it null and void, with the consequent obligation to revoke the decree itself.
For the purposes of the effectiveness of the plea of territorial incompetence in opposition to a decree of enforceability of a foreign award, the indication of the opponent’s residence in a different jurisdiction implicitly indicates the judge deemed competent, thereby satisfying the requirement under article 38 of the Code of Civil Procedure.

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