Consumers and late opposition under article 650 of the code of civil procedure: Cassinelli wins for an SPV

The Court of Velletri has rejected an opposition to a payment order filed by individuals who, claiming to be consumers, alleged violations of consumer protection regulations. They attempted to reclassify their claim as a late opposition to an injunction (pursuant to Article 650 of the Italian Code of Civil Procedure), citing the well-known Supreme Court Joint Sections ruling no. 9479/2023. However, this attempt related to an injunction that had already been opposed and previously upheld.

The judge, agreeing with the arguments of the special purpose vehicle (SPV), successfully represented by Cassinelli Studio Legale, confirmed that the principle expressed by the Joint Sections, allowing violations of consumer protection law to be raised in late oppositions to injunctions, applies only in cases where the injunction was not previously opposed.

The defence was handled by Nicola Cassinelli, along with Vittorio Bertorello.