Questione giuridica chiave
Whether the Italian decree could be recognized and enforced in Switzerland despite lacking an express opposition deadline and having been notified after the statutory Italian time limit.
Decisione estratta
No. The decree was not shown to be valid and effective under Italian law, so it could not serve as a valid enforcement title in Switzerland.
Motivazione estratta
The Federal Supreme Court found no arbitrariness in the cantonal court’s view that the decree’s omission of the opposition deadline could entail nullity under Italian law, and that the creditor had not made plausible that the decree had been notified within the 90-day period required by Italian law or that the period had been extended or suspended. A Swiss court may not recognize an ineffective judgment from the state of origin.