Questione giuridica chiave
Whether the appellant in an appeal proceeding must provide security for costs because of insolvency under Art. 213 OG, by analogy to Art. 26 BZP.
Decisione estratta
No. Art. 26 BZP does not apply to appeal proceedings, and Art. 213 OG requires security only when a party has no fixed domicile, not when it is insolvent.
Motivazione estratta
Under Art. 85 OG, the BZP provision invoked by the respondent is inapplicable to appeal proceedings. In that proceeding, the duty to furnish security is governed exclusively by Art. 213 OG, which does not extend the obligation to cases of insolvency.