1. AN OUTLINE OF ITALIAN JUDICIARY SYSTEM Author: Avv. Carlo Poli Annual Meeting AITC September 4° and 5° 2009 Florence AITC 1

2. The Italian Civil Jurisdition system It consists of a series of courts and a body of judges who are civil servants, is unified, every court being part of the national network. 2

3. The structure - Justices of the Peace (Giudici di pace) - Judges who operate in the Courts (Tribunali) - Appeal Courts (Corti d’Appello - The Supreme Court (Corte di Cassazione). 3

4. The Italian criminal legal system involves Judges, Courts and Assize Courts (Corte d’Assise), which include juries (Giudici Popolari). 4

5. The Italian Administartive Jurisdition structure the the Administrative Regional Tribunal (TAR) Council of State (Consiglio di Stato) 5

6. The reform of the Italian Civil Code Procedure 6

7. The aim of reform 7 To simplify and to rationalize the Italian Civil Procedure. To ensure a better efficiency of the judiciary

8. The most important news 8 the introduction of civil mediation; the introduction of a new Summary Cognizance Trial; the elimination of the Company Procedure (Rito Societario); the introduction of a new way of filtering cases for the admissibility of the appeal to the Supreme Court ;

9. The others news 9 the measures of indirect coercion from the model of the French Atreintes; the increase of the competence of the Justice of the Peace; the introduction of Proceedings Calendar;

10. The Italian Insolvency system 10

11. Before 2005 11 The Insolvency in Italy has been regulated for more than 60 years by the Royal Decree of March 16, 1942 no. 267.

12. After 2005 12 Between 2005 and 2006 in Italy Bankruptcy Law underwent the most radical reform ever introduced since 1942: legislative decree 14 March 2005, n. 35, converted into Law 14 May 2005, n. 80, legislative decree 9 January 2006, n. 5.

13. The Italian judicial debt recovery system 13

14. Writ 14 a writ (precetto) can be issued immediately by those who are in possession of particularly strong proof of the claim

15. The proofs of claim 15 a previously protested bill of exchange a cheque or a sentence a public notary acts presented with an execution statement.

16. Case of non-payment 16 If the debitor does not pay after 10 days from the receipt of the writ, the creditor has the right to ask the bailiff for the distraint of the debtor’s assets until his/her claim, including interests, expenses and legal fees, has been satisfied.

17. Outline about the injunction procedure. 17

18. The proofs to obtain injunction decree 18 Documentary evidence such as invoices or authentic extracts of the VAT register;

19. For any further inquiry, please do not hesitate to contact Avv. Carlo Poli 19 e.mail address: c.poli@studiolegalepoli.com Tel: + 39 055.2469122 – Fax: + 39 055.2476330

20. Thank you for your attention 20