Court of Rome, 23 March 2016, n. 6067

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 alter alter a part), ma imposes a the latter, in case of subsequent opposition founded on the existence of the said clause, the declaration of nullity of the decree opposite and the contextual remission of the controversy to the judgment of the referees.