Court of Milan, 23 January 2026, No. 605
Legal Principle
The provision contained in an arbitral award fixing a sum of money pursuant to Article 614-bis of the Code of Civil Procedure, to be paid for each breach of or delay in compliance with the order made, constitutes an autonomous enforceable title, inherently capable of compulsory enforcement, provided that the award identifies the obligation to be performed and determines the amount due for each period of delay.
In proceedings by way of opposition pursuant to Article 615 of the Code of Civil Procedure against a notice to comply (precetto) based on an arbitral award containing a penalty order under Article 614-bis of the Code of Civil Procedure, only facts extinguishing, impeding or modifying the right to payment that arose after the formation of the title, and complaints relating to the existence of the conditions legitimating the concrete enforcement of the coercive measure in the precise terms set out in the arbitral award, may be raised; challenges concerning the substantive scope of the award and the unenforceability of the principal obligation as determined by the arbitrators are inadmissible.
Methodological Notes
standard