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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.

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