INFORMATION TECHNOLOGY
Supreme Court of Cassation: the issuance of the second Registered Electronic Email (REM/PEC) conclude the filing of documents in the PCT.
The case under examination can be summarised as follows
the Court of Catania declared the appeal inadmissible because it was late, i.e. filed after twenty days, pursuant to Article 99 of Presidential Decree No. 115 of 30 May 2002.
Against this ruling the defendant appealed to the Court of Cassation, arguing that "the telematic filing is perfected with the issuance of the second PEC, i.e. when the receipt of delivery is generated by the end of the due date".
In fact, in the present case, the opposition had been registered on 3 December 2018, the same date on which the system had generated the PECs of acceptance and delivery filing.
In fact, pursuant to Article 99 of Presidential Decree No. 115 of 30 May 2002, the opposition against the rejection decree must be filed within twenty days from the notification of the decision.
On the merits, the Court of Cassation intends to reiterate the following principle of law: "the telematic filing of procedural documents can be said to be perfected with the issuance of the second PEC, i.e. the delivery receipt, by the certified electronic mail operator of the Ministry of Justice, as provided for by article 16-bis, paragraph 7, law decree no. 179/2022".
It is necessary to dwell on the mechanism of filing a judicial document via PCT that generates four different PEC receipts:
The first "acceptance receipt" certifies that the submission has been accepted by the system for forwarding to the receiving office;
The second "delivery receipt" certifies that the sending has taken place with delivery to the addressee's mailbox and is relevant for the timeliness of the filing, which is considered perfected at this time with advance and provisional effect with respect to the fourth and final PEC;
The third certifies the outcome of the automatic deposit checks on the sender's address;
Finally, the fourth PEC certifies the outcome of the manual check by the Registrar, i.e. whether or not the filing has been accepted by the Registry.
It is only with this acceptance that the provisional effect anticipated by the second PEC is consolidated, as the file is uploaded to the telematic file and thus becomes visible to the counterparties.
Therefore, on the basis of what has been stated, the Court of Cassation, in its judgment no. 20262 of 2023, considers the ground of appeal to be well-founded, ordering the annulment of the contested decision without referral.
(Source_ SEAC All-In Giuridica - Ownership of the contents: Gruppo SEAC).
the Court of Catania declared the appeal inadmissible because it was late, i.e. filed after twenty days, pursuant to Article 99 of Presidential Decree No. 115 of 30 May 2002.
Against this ruling the defendant appealed to the Court of Cassation, arguing that "the telematic filing is perfected with the issuance of the second PEC, i.e. when the receipt of delivery is generated by the end of the due date".
In fact, in the present case, the opposition had been registered on 3 December 2018, the same date on which the system had generated the PECs of acceptance and delivery filing.
In fact, pursuant to Article 99 of Presidential Decree No. 115 of 30 May 2002, the opposition against the rejection decree must be filed within twenty days from the notification of the decision.
On the merits, the Court of Cassation intends to reiterate the following principle of law: "the telematic filing of procedural documents can be said to be perfected with the issuance of the second PEC, i.e. the delivery receipt, by the certified electronic mail operator of the Ministry of Justice, as provided for by article 16-bis, paragraph 7, law decree no. 179/2022".
It is necessary to dwell on the mechanism of filing a judicial document via PCT that generates four different PEC receipts:
The first "acceptance receipt" certifies that the submission has been accepted by the system for forwarding to the receiving office;
The second "delivery receipt" certifies that the sending has taken place with delivery to the addressee's mailbox and is relevant for the timeliness of the filing, which is considered perfected at this time with advance and provisional effect with respect to the fourth and final PEC;
The third certifies the outcome of the automatic deposit checks on the sender's address;
Finally, the fourth PEC certifies the outcome of the manual check by the Registrar, i.e. whether or not the filing has been accepted by the Registry.
It is only with this acceptance that the provisional effect anticipated by the second PEC is consolidated, as the file is uploaded to the telematic file and thus becomes visible to the counterparties.
Therefore, on the basis of what has been stated, the Court of Cassation, in its judgment no. 20262 of 2023, considers the ground of appeal to be well-founded, ordering the annulment of the contested decision without referral.
(Source_ SEAC All-In Giuridica - Ownership of the contents: Gruppo SEAC).
