Jurisprudence: Family Law
The Court of Appeal of Venice, in the context of a divorce ruling that declared the appeal inadmissible due to being filed late, stated in an obiter dictum the principle that the so-called Cartabia procedure “is applicable only to family law proceedings that were initiated at first instance after February 28, 2023,” thereby giving the term “proceeding” in Article 35 of Legislative Decree 149/2022 a particularly broad meaning, which is likely to create interpretative doubts regarding the transitional application regime of the aforementioned implementing norm of the so-called Cartabia Reform.
The reasoning (not explained in the ruling) seems to address the potential “legislative gap” that may have arisen from a strict and literal interpretation of Article 35 of Legislative Decree 149/2022, considering that (i) paragraph 1 establishes that the provisions on appeal introduced by the Cartabia reform take effect from February 28, 2023, while (ii) paragraph 4 provides that the rules in Chapters I and II and those in Articles 283, 434, 436-bis, 437, and 438 of the Code of Civil Procedure (i.e., the rules redefining the new appeal procedure) apply to appeals filed after February 28, 2023.
The rule expressly refers only to appeals in contentious cases, labor procedure, and enforcement of judgments, while it does not expressly mention family law proceedings, which are governed by Chapter IV-bis of Title II and, not being mentioned in paragraph 4 of Article 35 of Legislative Decree 149/2022, appear to be excluded from the scope of the rule’s application.
Consequently, for family law proceedings initiated (including those at first instance) before February 28, 2023, the old procedure would apply with regard to appeals.
This judicial decision, indeed one of the first since the civil procedure reform came into force, is likely to become a significant precedent in a matter that is highly anticipated in the field of family law and a source of debate among legal interpreters.
Judgment: restricted distribution
Article by: Avv. Giada Orioli
Professionals involved in the operaction
Giada Orioli Attorney
Partner. Bologna Office
She has been a member of the Firm since 2020 and has previous experience at leading law firms in the Bologna Forum.
She specializes in civil law, with a focus on issues of labor sanctions law, employment and undeclared work, bookkeeping and mandatory documents, assisting companies in proceedings against the Labor Inspectorate and INPS.
