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Italy in practice

How liquidation-related proceedings work in the Italian courts

Liquidation files in Italy are handled inside the ordinary civil courts, and the practical questions that decide them — who may represent you, what it costs, which terms are strict — are set out in codes rather than in case law. The points below summarise the framework that applies once a matter reaches an Italian court or notary.

The courts that hear liquidation-related claims

Civil claims arising from a liquidation begin before the Tribunale ordinario, which sits as a single judge or a three-judge panel depending on the matter; minor claims go to the Giudice di Pace. Appeals on the merits are heard by the Corte d’Appello, while the Corte Suprema di Cassazione in Rome reviews questions of law only. Italy has 140 Tribunali and 26 Corti d’Appello.

Who is entitled to act as your avvocato

Only a lawyer entered in the albo degli avvocati kept by a territorial Consiglio dell’Ordine may practise; the national regulator is the Consiglio Nazionale Forense. Admission under Law 247/2012 requires a five-year law degree, an 18-month traineeship and the State examination. Representation is mandatory in civil cases, except personal appearance before the Giudice di Pace up to EUR 1,100; Cassazione work is reserved to cassazionisti.

Court fees: the contributo unificato

Court proceedings carry a contributo unificato under art. 13, D.P.R. 115/2002, a fixed fee scaled to the value of the claim: EUR 43 up to EUR 1,100, then 98, 237, 518, 759, 1,214 and 1,686 above EUR 520,000. It is increased by half on appeal and doubled before the Court of Cassation, and a EUR 27 marca da bollo is also due. Labour and social-security matters benefit from reduced or exempt fees.

Legal fees and State-funded legal aid

There is no binding statutory tariff: since minimum fees were abolished in 2006, lawyers agree fees freely with the client, and where no agreement exists the court liquidates them using the ministerial parametri forensi (D.M. 55/2014, as updated), which set reference values by phase of the proceedings. Legal aid (patrocinio a spese dello Stato) covers fees and court costs where annual taxable income does not exceed EUR 12,838.01.

Prescrizione and decadenza: why timing decides files

The ordinary limitation period in Italy is ten years, with shorter five-year terms for tort claims and for periodic payments, interest and rents. Italian law separates prescrizione, which may be interrupted or suspended, from decadenza, where the term is strict and cannot be interrupted. Many procedural challenge terms, such as dismissal claims and administrative appeals, are forfeiture terms, so early advice matters.

Mediation and notarial formalities you cannot skip

Before many civil and commercial claims — including division, inheritance, leases, and banking or financial contracts — the parties must attempt mediation under art. 5 of Legislative Decree 28/2010; the condition is satisfied once the first meeting takes place, even without settlement. Transfers of immovable property must be made by public deed on pain of nullity, and transcription in the land registry in practice requires a notary.

Every country-specific statement on this page is drawn from official Italian sources — the Consiglio Superiore della Magistratura, the Consiglio Nazionale Forense, the Ministry of Justice and the Normattiva database of official texts — consulted in 2025.

• Consiglio Superiore della Magistratura – The Italian judicial system
• Consiglio Nazionale Forense – the Italian legal profession
• Normattiva – Civil Code (R.D. 262/1942), limitation and succession rules
• Normattiva – Legislative Decree 28/2010 on mandatory mediation
• Normattiva – Legislative Decree 104/2010 on administrative proceedings
• Normattiva – Law 604/1966, art. 6 (challenge to dismissal)
• Normattiva – Law 55/2015 on divorce after separation
• Italian Ministry of Justice – legal aid in civil and administrative proceedings