Legislative Decree n. 90/2014 introduced some important news regarding telematic civil proceedings and services via certified e-mail carried out by lawyers. By means of the above-mentioned decree the electronic filing of documents during civil proceedings has become mandatory. The decree also expanded and clarified the cases in which lawyers can serve judicial documents via certified e-mail.
This means that from now on, unless changes are made when the Legislative Decree will be turned into law – we will keep our readers informed with our future newsletters about this – cases in which judicial deeds will be served upon enterprises by certified e-mail by the counsel of the adverse party, and no longer by a Bailiff through the service of a hardcopy at their registered office, will become more frequent. Therefore, it becomes essential for all companies to check their certified e-mails (in particular the official one registered with the Registry of Companies) on a daily basis, even during non-working days, because for all legal purposes, service of deeds via certified e-mail, carried out by lawyers, will be considered valid in Court: this will also effect any timelimits (and related forfeitures) borne by the recipients for procedural purposes. In addition to the need to check the certified e-mail on a daily basis, it is also essential to verify its proper functioning, also making sure not to exceed the memory capacity of the certified mailbox (laid down by law in at least 1GB capacity). In fact, wherever the service is not successful due to the limited capacity of the recipient’s certified mailbox , the deed shall be considered as served and, consequently, any possible procedural timelimits borne by the consignee will start having effect.
We recommend our readers to spread this information within their business organizations.
Our professionals are at your service should you require any further clarification.
(Trieste Office – Alberto Pasino – 0407600281)
