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Notification at the previous address of the domiciliary attorney is considered as non-existent

  • 21/01/2019

The Italian Court of Cassation in the ordinance no. 32931 of December 20th 2018 established that there was no notification of the appeal that was not successful due to an error (imputable to the lawyer) on the domicile of the domiciliary defender, determined by the fact that there had been a change in the address of the professional firm, promptly indicated in the register.

Referring to the prevailing jurisprudence, the Court has held that the error should be considered imputable to the lawyer, if the judicial officer is required to notify the domicile of an attorney who carries out the activity within the area of assignment.

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