By decree no. 1003/2025 dated 1 December 2025, the Court of Lamezia Terme rejected the urgent application filed in the context of opposition to payment order enforcement, confirming the full enforceability of the title and clarifying the requirements for suspension.
The case originated from a debtor seeking—on a precautionary basis—the suspension of enforceability of the order, alleging, among other things, the nullity of the notice of enforcement for lack of proper power of attorney and the limitation of the underlying claim.
The Court reaffirmed that suspension requires both fumus boni iuris and periculum in mora, clarifying that the “serious reasons” required under Articles 615 and 624 of the Italian Code of Civil Procedure necessitate a prognostic assessment of the merits of the opposition and evidence of concrete, serious and irreparable harm. As stated in the decree, “the initiation of enforcement proceedings does not in itself constitute periculum”, nor may harm be presumed.
The Court rejected the objection concerning the power of attorney, holding that the mandate issued for the cognisance phase—where extended to connected proceedings—authorises the lawyer to act also in the enforcement phase. It recalled the principle that the mandate covers both obtaining a favourable decision and “the actual implementation of the judicial command”.
The Court also excluded limitation, noting that revocatory actions interrupt and suspend limitation periods in line with consolidated Supreme Court case law, which states that such actions reflect the creditor’s unequivocal intention to exercise its right.
Finally, the Court found that the debtor had failed to demonstrate any harm beyond the ordinary effects of enforcement, pointing out that neither the size of the amount nor the possibility of proceedings being initiated suffices to justify precautionary protection, especially where the creditor is considered solvent.
The application for suspension was therefore dismissed.
The respondent was represented by Nicola Cassinelli.