A creditor who obtained an injunction (which has become final due to lack of opposition) is allowed to separately propose a new request for condemnation for a further sum, albeit deriving from the same contractual relationship already subject to the order for payment.
This was confirmed by the Court of Appeal of Trento, branch of Bolzano, by judgment of 17/07/2024, in acceptance of the appeal proposed by an SPV, block assignee of a loan portfolio, assisted by Cassinelli Studio Legale.
The special purpose vehicle had obtained from the Court of Bolzano an injunction for the sum of over 300,000 euros for a credit deriving from the opening of mortgage credit. After the rescission of the injunction, the transferring bank had communicated to the transferee that it had transmitted an incorrect certified balance, which for a mistake in the accounting of the amounts indicated a debit balance of only 300,000 euros instead of the correct one, equal to approximately double.
The SPV therefore proposed an appeal pursuant to Article 702-bis of the Italian Code of Civil Procedure before the same Court, requesting that the debtor be ordered to pay the difference not included in the injunction. The South Tyrolean Court at first instance rejected it, considering that in the face of the finality of the injunction it had been formed judged “on the deducted and on the deductible”.
This decision was appealed before the Court of Appeal of Trento, Bolzano branch, which accepted the proposed encumbrance in full, ordering the debtor to pay the greater amount not included in the injunction.
Cassinelli Studio Legale provided its assistance with a team coordinated by Roberto Cassinelli and composed of Nicola Cassinelli and Giorgia Angilletta.