Court of Rome, 10 June 2016, n. 11846

The existence of one clause turmoil not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure referee not contemplates the emission measures unheard of altest part), ma imposes a the latter, in case subsequent opposition opposition on the existence of the said clause, the declaration of the nullity of the decree opposite and the contextual remission of the controversy at the judgment of the referees.