Supreme Court, 16 November 2021, n. 34569

The provision of art. 428, co. 1, cod. Proc. Civ., Second the which the incompetence territorial, and therefore also the incompetence per being the lite donated ad ar Bitri, can be to be detected ex officio not beyond the hearing of which in art. 420 of the Italian Civil Code civ., it goes understanding in the sense that said incompetence can be not detected not olt re the first hearing in sense chronological, i.e. the one fixed with the decree contemplated by art. 415 of the Italian Civil Code proc. civ. this however not host, where the incompetence s s Tata ritual and promptly exceptional, that it, not being detected ex officio, it is declared by the judge even in a moment subsequent to the first hearing.