Questione giuridica chiave
Whether party compensation may include necessary pre- and extra-procedural legal work.
Decisione estratta
Party compensation is generally based on the necessary work incurred during the proceedings, but certain pre- and extra-procedural measures may also be compensated if they were materially relevant to the case and objectively justified in advance.
Motivazione estratta
The defendant's lawyer had already carried out numerous meetings, letters, phone calls, and file reviews before the summons request was filed. The court held that pre-litigation efforts are not excluded as a matter of principle; compensation depends on whether the work was necessary for the case and whether its early performance was objectively justified. The court also noted that a more generous approach is consistent with the upcoming revised divorce regime, where substantial preparatory work may occur before lis pendens arises.