Court of Appeal of Milan, 24 June 2022, n. 2230

Carrying out the phase monitor in absence of the part debtor, the judge state must issue the injunction decree requested; however, if the debtor in ago If of opposition OLERGINS the competence arbitration, the judge must necessarily declare the nullity of the decree injunction and decline the own competence.
Even in this situation not vi is reason no per derogation to the principle of law second which the expenses litigation follow the luggage ED is obvious that the pron UNCIA of nullity of the decree injunction precludes the possibility of recognition a favor of the opposite the expenses of the itself as liquidated by the judge of the monitor.