Questão jurídica principal
Whether the Swiss courts violated the appellant's right to be heard by disregarding its submissions and private legal opinion on Italian enforceability rules.
Decisão extraída
Yes. The appellate court failed to engage with materially relevant submissions on the current Italian procedural law and on the steps allegedly taken to preserve the measure's enforceability.
Fundamentação extraída
A court must seriously examine essential arguments. The decision gave no adequate reasons for rejecting the appellant's position that timely enforcement and commencement of the main proceedings preserved the measure's effectiveness; it also misconstrued the relevance of the obsolete confirmation procedure.