Supreme Court on Off-Register PEC: Curable Nullity vs. Non-Existence

1. The facts

   According to reports in Guida al Diritto, the case originated from a dispute regarding the payment of professional fees. A professional had obtained an order for payment, which the counterparty opposed by serving the notice via PEC. However, the electronic address used by the opponent's counsel had not been extracted from official registers such as ReGIndE or INI-PEC, but was retrieved from external sources like a website or letterhead.

   Upon reaching the Supreme Court, the case involved two opposing arguments: the recipient's defence claimed the non-existence of the notification, considering it incurable due to the violation of rules on the certainty of communications, whereas the opponent argued it was a mere nullity, cured by the recipient's regular appearance in court.

2. 

   Legal framework

   1. Art. 3-bis of Law no. 53/1994 requires lawyers to extract PEC addresses of recipients exclusively from public registers to ensure legal certainty of delivery.
   2. Art. 16-ter of Decree-Law no. 179/2012 strictly lists these registers, making the use of addresses found aliunde irregular.
   3. Art. 156 of the Code of Civil Procedure governs the achievement of purpose, stating that nullity cannot be declared if the act nonetheless allowed the counterparty to exercise their right of defence.
   4. Art. 160 of the Code of Civil Procedure limits cases of notification nullity to instances where provisions regarding the person to whom the copy must be delivered are not observed.

3. Case law orientation

   The case law of the Supreme Court has consolidated the principle that the non-existence of a notification is a residual hypothesis, limited to cases where there is a total lack of connection between the recipient and the place or means of notification. The court clarified that sending a notification to an «off-register» PEC address that is nonetheless attributable to the recipient does not sever this link, constituting merely a formal nullity.

   The current orientation emphasizes the prevalence of substance over form: if the recipient appears in court, they factually demonstrate having received the act and understood the claim. In such a scenario, the nullity is cured with retroactive effect, preventing a technical defect from becoming an insurmountable barrier to access to justice, provided that rights of defence have not been impaired.

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8. Operational lessons for professionals

   1. Always verify the PEC address on official registers before serving, avoiding reliance on letterheads or websites.
   2. In the event of an objection of non-existence by the counterparty, immediately invoke the principle of achievement of purpose if an appearance has been made.
   3. Carefully monitor deadlines for the renewal of notification should the Judge order it due to the recipient's failure to appear.

References: Art. 3-bis Legge n. 53/1994Art. 16-ter D.L. n. 179/2012Art. 156 c.p.c.Art. 160 c.p.c.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 22 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction