Enforcing foreign titles in Italy.
SP Law assists foreign law firms enforcing judgments, payment orders and other European titles in Italy, or recovering debts from Italian debtors. We act as Italian domiciliary counsel and local correspondent, coordinated directly from our Rome offices.
Lead for debt recovery and enforcement. Rome offices.
View profileOne Italian correspondent for every stage of enforcement.
Italian domiciliation for foreign law firms
Domiciliary counsel and local correspondent services for service, filings and communication with Italian courts and offices.
EU judgment enforcement in Italy
Recognition and enforcement of EU judgments and titles under Regulation (EU) 1215/2012 (Brussels I bis), with no exequatur required.
European Payment Order
Cross-border order-for-payment procedure under Regulation (EC) No 1896/2006 for the recovery of pecuniary claims for a specific amount that have fallen due, in cross-border cases falling within its scope.
Third-country titles
For decisions issued in non-EU States, the first step is to check whether an applicable international convention exists and, failing that, the regime of Italian Law No. 218/1995. Recognition operates where the statutory requirements are met; in order to proceed with enforcement, a court declaration before the competent Court of Appeal may be required.
Asset intelligence
Assessment of the debtor's position and of the information needed to select an enforcement route in Italy.
Italian enforcement
Third-party, movable and real-estate enforcement, together with the procedural steps before the competent offices.
European debt recovery
Handling of commercial and civil claims against debtors with assets, domicile or business activity in Italy.
Foreign counsel coordination
Clear reports and timely updates keep the instructing lawyer, client and Italian proceedings aligned.
EU judgments in Italy: automatic recognition, no exequatur.
Automatic recognition
A judgment given in one Member State is recognised in the others without any special procedure. If it is enforceable in the State of origin, it is in principle enforceable in Italy under the same conditions as an Italian title.
Documents required
As a rule: a certified copy of the judgment, the Article 53 certificate issued by the court of origin and, where required, a translation. Enforceability in the State of origin is verified before serving the Italian payment notice (precetto).
Preliminary checks and limits
The debtor may resist on the grounds of refusal set out in the Regulation: manifest breach of public policy, defective service of the document instituting proceedings, irreconcilability with another judgment. Jurisdiction of the Italian enforcement court is assessed in each matter.
From a foreign judgment to enforcement in Italy.
Review of the title, supporting documents and the objective identified by instructing counsel.
Assessment of the requirements for recognition and enforcement in Italy under the applicable rules.
Definition of filings, powers of representation and domiciliation steps.
Commencement and monitoring of enforcement, with documented updates to foreign counsel.
Frequently asked questions.
Can a foreign law firm appoint SP Law as domiciliary counsel in Italy?
Yes. SP Law acts as Italian domiciliary counsel and local correspondent for foreign firms serving documents, making filings or enforcing European titles and claims in Italy.
Does an EU judgment need a new trial in Italy?
Within the EU, Regulation (EU) 1215/2012 governs the recognition and enforcement of judicial decisions. The required documents must be checked for each matter, including the certificate, translation and nature of the title.
Which European titles can be enforced in Italy?
The assessment may cover judgments, payment orders, authentic instruments and other enforceable titles issued in a Member State, as well as European procedures under the applicable rules. The title and debtor position should be reviewed before action.
Where does the firm operate?
Domiciliation and enforcement are managed from our Rome offices and may concern debtors and assets located anywhere in Italy.
What does Regulation 1215/2012 say about enforcing EU judgments in Italy?
Regulation (EU) 1215/2012 (Brussels I bis) provides for the automatic recognition of judgments given in a Member State and their enforcement in the other Member States without any intermediate procedure, under the same conditions as a domestic judgment.
Is exequatur required for a judgment from another EU Member State?
No. For judgments within the scope of Regulation 1215/2012, exequatur has been abolished. The grounds for refusal of enforcement that the debtor may raise before the Italian court remain available.
Which documents are needed to enforce a foreign title in Italy?
As a rule, a certified copy of the judgment, the Article 53 certificate issued by the court of origin and, where required, a translation. A power of attorney to the Italian lawyer and information on the debtor and its assets are also needed.
How long does enforcement of an EU judgment take in Italy?
Timing depends on the competent court, the type of attachment and the debtor's defences. After service of the title and of the precetto, a ten-day period to pay runs; attachment follows, and subsequent duration varies between courts.
Can an Italian lawyer act as domiciliary counsel for a foreign firm?
Yes. A foreign firm may appoint an Italian lawyer as domiciliary counsel and correspondent for service, filings, hearings and the enforcement stage, while keeping the client relationship.
What is the difference between a European Payment Order and an Italian decreto ingiuntivo?
The European Payment Order, governed by Regulation (EC) 1896/2006, allows an application for payment of a determined and due sum in a cross-border matter within the Regulation's scope. If the debtor lodges a statement of opposition, the consequences provided by the Regulation apply; without opposition, the order may become enforceable under the applicable rules. The Italian decreto ingiuntivo is governed by Articles 633 ff. of the Italian Code of Civil Procedure.
How is a non-EU judgment enforced in Italy?
For third-country decisions, absent a specific convention, Law No. 218/1995 applies: the recognition requirements must be checked and, for enforcement, a judicial declaration must be obtained before the competent Court of Appeal.
Need an Italian correspondent?
Send us the title, country of origin and available debtor information. We will assess the next steps with instructing counsel.