Ai senses of art. 819-ter code proc. Civ., "La sentence, with the which the judge states or denies the own competence in relationship a a convention of arbitration , it is challengeable to standard of the articles 42 and 43 ". in the case of decree injunction revoked in reason of the competence referee, is applicable the recall o art. 42 of the Italian Civil Code civ., e therefore the provision of first grade is only contestable with regulation of competence, expected that the declaration of nullity of the decree injunctive not it can be considered one pronunciation on the merit, being the mere and necessary consequence of the declaration of incompetence of the judge session.