Supreme Court, 27 July 2023, n. 22893

The proposition of the 5th exception of devolution of the controversy ad referees simultaneously to application reconventional in the appearance of answer not implications the needs of subordinate expressly the second at rejection of the first, waves avoids re that it is considered renounced, in what the exam of the question reconventional is ontologically conditioned to failure acceptance of the exception compromise, being the measuringness of the latter incompatible with the exam of the before.