Courts and Codes
Civil claims are heard by the Tribunale, with corporate and certain commercial matters allocated to the Tribunale delle Imprese. Enforcement follows a fixed sequence: a precetto formally demanding payment on the title, then pignoramento - attachment of assets or receivables. As an EU member state it also opens the European Order for Payment and European Enforcement Order to creditors elsewhere in the Union.
Decreto Ingiuntivo, and When It Bites Immediately
The decreto ingiuntivo is an injunction to pay granted on written evidence, without the debtor being heard. Once served, the debtor has forty days to file an opposition; absent opposition the decree becomes final and enforceable.
The feature worth understanding is provvisoria esecutorietà - provisional enforceability. Where the claim rests on particular categories of document, the court can declare the decree enforceable immediately, so enforcement can begin during the opposition window rather than after it. Whether your file qualifies depends on what documentation you hold, which is why we ask for the delivery paperwork before advising on route.
Statutory Interest Under D.Lgs 231/2002
Italy implements the Late Payment Directive through Legislative Decree 231/2002. Statutory interest on late B2B payment runs at the ECB reference rate plus eight percentage points, together with a fixed €40 recovery indemnity and reasonable further recovery costs. The rate applies automatically from the due date without a reminder being required.
How Long Does an Italian Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Pre-legal demand Diffida, negotiation, settlement | 3–6 weeks | Low |
| Decreto ingiuntivo Application to service of decree | 4–10 weeks | Low |
| Opposition proceedings Where the debtor opposes | 1–3 years | High |
| Enforcement Precetto, then pignoramento | 3–6 months | Medium |
Duration in contested proceedings varies markedly between courts; northern commercial tribunals generally move faster than the national average.
The Ten-Year Period
Italy's ordinary limitation period is ten years - considerably longer than most of Western Europe, which means an aged Italian receivable is often still live when its German or French equivalent would have expired. Shorter periods apply to certain categories of claim, so an old file still needs checking rather than assuming.
How Does SXB Global Handle an Italian Case?
We establish what documentary evidence exists, because that determines whether the decreto can be sought and whether provisional enforceability is available. Contact is conducted in Italian, with statutory interest under D.Lgs 231/2002 quantified in the demand. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.