Court of Milan, 13 February 2023, n. 1125

The adhesion of the part defendant opposite to the indication of the competence referee made from the party actress opponent not it involves the applicability of art. 38, co. 2, cod. Proc. Civ., So the judge not can pronounce order cancellation cancellation of the cause from the role but, in the exercise of the own competence functional and mandatory on the opposition, must declare with judgment the incompetence judge that has it emitted the decree and, consequently, the nullity of the itself, adjusting the expenses of litigation.