RECOGNITION OF FOREIGN JUDGMENTS

A foreign civil judgment is recognised in Italy without the need for any proceedings if the following conditions are met:

(a) the court which delivered it could hear the case in accordance with the principles of jurisdiction proper to the Italian legal system;

(b) the document instituting the proceedings was brought to the knowledge of the defendant in accordance with the law of the place where the proceedings took place and the defendant's essential rights of defence were not violated;

(c) the parties have been entered in the proceedings in accordance with the law of the place where the trial took place or the default has been declared in accordance with that law;

(d) it has acquired the authority of a final decision in accordance with the law of the place where it was given;

(e) it is not contrary to any other judgment which has become res judicata and has been passed by an Italian court;

(f) there is no pending trial before an Italian court on the same subject-matter and between the same parties, which began before the foreign trial;

(g) its provisions shall not produce effects contrary to public policy.

In the event of failure to comply with or challenge to the recognition of the foreign judgment or the foreign measure of voluntary jurisdiction, or when it is necessary to proceed with forced execution, anyone with an interest in the matter may ask the competent Court of Appeal to ascertain the requirements for recognition.

RECOGNITION IN ITALY OF FOREIGN JUDGMENTS ON THE ADOPTION OF MINORS

A judgment on the adoption of a child handed down by the competent authority of a foreign country at the request of Italian citizens who, at the time of the judgment, can prove that they have resided continuously in the foreign country and have been resident there for at least two years, shall be recognised for all intents and purposes in Italy by decision of the Juvenile Court, if it complies with the principles of the Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

RECOGNITION OF FOREIGN CRIMINAL SENTENCES IN ITALY

A foreign criminal judgment may be recognised in Italy by the competent Court of Appeal, at the request of the Attorney General, for the following purposes:

1) for the purposes of the criminal code;

2) for civil effects;

3) for civil provisions of foreign criminal judgments;

4) for the execution of criminal heads under international agreements.