Serving Judgments in Italy: Avoiding Common Pitfalls Under Articles 170 and 285 c.p.c.

1. 1.

   Serving the Party Personally Instead of the Attorney

   One of the most significant errors is sending the judgment to the registered office or residence of the counterparty when they are represented by counsel. Article 170 c.p.c. mandates that once a party has appeared in court, service must be made to their attorney (procuratore costituito). Failure to follow this rule renders the service void (nulla) for the purpose of triggering the short deadline. As confirmed by the Supreme Court (order no. 20301/2026), while such service is not legally non-existent, it fails to achieve the legal knowledge required to start the 30 or 60-day clock. To avoid this, practitioners must verify the counterparty's appearance and address the document exclusively to the attorney of record.

2. 2.

   Failure to Use the Digital Domicile (PEC)

   Under the system consolidated by 2026, service to an attorney must primarily occur via certified e-mail (PEC). A common mistake is serving the document at the physical law office chosen as a domicile while ignoring the digital address listed in official registers like ReGIndE. The Supreme Court (order no. 808/2024) clarified that a physical domicile election does not override the obligation to use the professional digital domicile. Unjustified paper-based service may be challenged, delaying the finality of the judgment. The correct practice involves extracting the updated PEC address and performing electronic service, ensuring that both acceptance and delivery receipts are retained to prove the completion of service for both parties.

3. 3.

   Failure to Specify the Recipient's Capacity in the Service Record

   The service record (relata di notifica) must be unambiguous. A formal error with substantial consequences is sending the judgment to the professional without explicitly stating that service is made in their capacity as the attorney of record (procuratore costituito). If the recipient's role is unclear, the acceleration effect provided by Article 285 c.p.c. may be disputed. Case law (Cass. no. 14234/2021) emphasizes the need for precision in the record to ensure the lawyer receives the act knowing it is intended to trigger appeal deadlines. It is essential that the bailiff, or the lawyer when serving personally, always specifies the link of technical representation between the recipient and the losing party.

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   4.

   Incorrect Handling of Defaulting Parties

   For parties who failed to appear in court (contumacia), the rules change drastically. In such cases, Article 292 c.p.c. requires the judgment to be served to the party personally. Many practitioners make the mistake of reflexively applying Article 170 c.p.c. even to those without an attorney. edit.legal notes that recent case law (Cass. no. 22156/2026) reaffirmed that only personal service to the defaulting party activates the short deadline. If service is performed elsewhere or via methods not permitted for non-appearing parties, the clock does not start, and the judgment will only become final six months after publication. Verifying the default status is therefore an unavoidable first step before proceeding with service.

5. 5.

   Service to Public Administrations and the Avvocatura dello Stato (State Attorney's Office)

   A common area of error involves serving State Administrations represented by the Avvocatura dello Stato (State Attorney's Office). Serving the judgment at the actual headquarters of the entity instead of the competent Avvocatura Distrettuale (District Attorney's Office) is a mistake that can jeopardize the deadline. Despite some judicial flexibility regarding actual knowledge, established and prudent practice suggests strictly adhering to the legal domicile at the Avvocatura dello Stato. This ensures the document is received by the technical body responsible for evaluating an appeal, avoiding claims of inadmissibility that could arise if it is argued the deadline never started due to defective service.

6. 6.

   Service to Merged or Extinguished Companies

   In the event of extraordinary corporate transactions, such as mergers by incorporation occurring during the trial, serving the attorney of the original company may be ineffective. If the legal mandate is deemed terminated with respect to the new legal entity, the judgment must be served to the successor entity according to general rules. Ignoring changes in the corporate structure carries the risk that service will be considered inadequate to trigger the short deadline for the merging company. edit.legal suggests monitoring the corporate records (visure camerali) of corporate counterparties before proceeding with final service, especially in long-running litigation where such transformations are frequent.

References: Art. 170 c.p.c.Art. 285 c.p.c.Art. 292 c.p.c.Art. 325 c.p.c.Art. 327 c.p.c.Cassazione Civile, ordinanza n. 20301/2026Cassazione Civile, ordinanza n. 808/2024Cassazione Civile, sentenza n. 14234/2021Cassazione Civile, sentenza n. 22156/2026

Editorial oversight: Avv. Federico Papa·ICAMUpdated 31 October 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