Validity of proxy released abroad
The Court of Cassation has spoken about the validity of proxy released abroad with judgment no. 8174/18.
The case in question concerned the exception of a German citizen against a minutes of contravention of the Italian Highway Code that has been accepted by the Justice of the Peace of Florence, in relation to which the Court of Cassation, on appeal by the opponent, has spoken out on the necessary conditions required for the validity of proxy released abroad.
The Supreme Court has specified that the proxy, released abroad and used during an Italian trial, is regulated by the procedural law of the Italian State, that also provides deferment to substantive law for the validity of proxy related to the form. It is also important that the foreign law knows the Italian institutes and “regulates them in accordance with the essential lines that characterized it in the Italian legal system and that consist, with regard to private deed, in the statement of a public official that the document has been signed in his presence and with prior verification of the identity of the subscriber”.
The Court has pointed out that article 122, paragraph 1 of the Italian Code of Civil Procedure requires the use of the Italian language only for the internal deeds (such as minutes of the hearing, defenses etc..) and not for the prodromal acts, such as proxy, and that shall be granted the Italian translation by an expert.
This means that proxy issued abroad in order to be effective and not susceptible to objection shall include the Italian translation and the activity of certification of the conformity by the notary or other public official with the same authority, under penalty of nullity.