Supreme Court, 13 February 2020, n. 3523

In the case of emission of one Injunctive Decree against plus co -owners solidarity, the character litisconsortile optional of the cumulation that you make if the the same it is them separately opposite and only one, some, of they go the incompetence territorial Nunction it, makes such exception relevant only for chi it has formulated it, remaining instead excluding - salvo the case of timely relief d'Uf ficio of that incompetence, if n ne nor sIGNSist the power in head to judge, even for the other litisconsorti - which, united le oppositions independently proposals, can declare the incompetence e the consequent caducation of the decree aforementioned even affected ai co -compulsory not excipients, per i i instead the judgment can legitimately to proceed before the judge to the session. a conclusions similar must A Declaration of Incompetence In Report A competence Arbitration, Place which, Ai senses of art. 819-ter, co. 1, cod. proc. civ., the exception of incompetence of the judge in reason of the convention of arbitration must be proposal, a penalty decadence, in the appearance.