Questione giuridica chiave
Whether the Italian decree ingiuntivo could be recognized and serve as title for definitive objection removal under the Lugano Convention and Swiss debt enforcement law.
Decisione estratta
Yes. The decree was treated as an enforceable foreign judgment and remained valid because the debtor did not successfully obtain a declaration of inefficacy or lodge ordinary opposition in Italy.
Motivazione estratta
The court held that recognition depended on the 1988 Lugano Convention. The Italian payment order, once declared enforceable, satisfied the requirements for recognition. The debtor failed to use the available Italian remedies against late or irregular service, so the order retained enforceability.