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Judgement Cort. Constitution January 11, 2010, No 3

CONSTITUTIONAL COURT JUDGEMENT

January 11, 2010, No.3

proceedings concerning the 'constitutional incidentally.

Civil Procedure - Service - unavailability 'or refusal to receive a copy of - Enhanced notification to the recipient, as the living law, registered with the dispatch of information, rather than' with the receipt of the same or at least after ten days of the shipment.

- PERMISSIBLE contended that 'the experiment for failure to issue an interpretation consistent with the Constitution - Rejected.

- Code proc. Civ., art. 140.

- Constitution, Art. 3, first paragraph, 24, second paragraph and 111 first and second paragraphs.

- Civil Procedure - Service - unavailability 'or refusal to receive a copy of the document.

- Enhanced notification to the recipient, as the living law, registered with the dispatch of information, rather than 'with the receipt of the same or at least ten days after its shipment

- Lack of motivation on the relevance the question - manifest inadmissibility '.

- Code proc. Civ., art. 140.

- Constitution, Art. 3, first paragraph, 24, second paragraph and 111 first and second paragraphs.

Civil Procedure - Service - unavailability 'or refusal to receive a copy of - Enhanced notification to the recipient, as the living law, registered with the dispatch of information, rather than' with the receipt of the same or at least ten days after its shipment

- Unreasonable balance between the interests of the notifier and the consignee, in breach of defense guarantees and protection of the adversarial

unjustified unequal 'treatment as compared to similar cases by law - Unlawful' constitutional extent.

- Code proc. Civ., art. 140.

- Constitution, Art. 3:24.

Judgement

In reviews of the constitutionality of Article. 140 of the Code of Civil Procedure (unavailability or refusal to receive a copy), promoted by the Court of Bologna with an Order of 11 February 2008 and the Court of Appeal of Milan by order of December 22, 2008, registered as Nos. respectively. Register of Orders 75 and 88, 2009 and published in the Official Gazette, nos. 11 and 13, the first special series 2009.

Visas acts of intervention by the President of the Council of Ministers;

hearing in chambers on November 4, 2009

The judge rapporteur Paolo Maddalena

device

Riuniti, assessments,

1) declares that the question of the constitutionality of Article. 140 of the Code, referred, with reference to Arts. 111, first and second, third, first paragraph, and Article 24, second paragraph of the Constitution, the Court of Bologna with the ordinary order mentioned in the inscription;

2) declares that Article. 140 in the Code of Civil Procedure which provides that the notice is perfected, the consignee, the shipment of the registered information, rather than on receipt of the same or at least ten days after its dispatch.