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Immediate submission of power of attorney

Immediate submission of power of attorney

In Italian civil proceedings, the client's written authorisation, which must also be notarised by the lawyer, must be submitted when the action is filed.

In an insolvency case, the regional court dismissed an appeal by the party because the latter had not provided proper proof of authorisation. The unsuccessful party was of the opinion that the judge should at least have set a deadline within which it could have rectified the formal defect. However, the Court of Cassation ruled in favour of the Regional Court, stating that it was the losing party's responsibility to submit the missing power of attorney immediately upon being notified of it without further notice. (Court of Cassation 32399/22).