Court of Ancona sentence n. 47/2023 – On the admissibility of the opposition to the execution and on the notification tests

The story:

A company, with the patronage of the undersigned attorney, brought an action before the Ancona court, labor section, in order to obtain the annulment of the debit notices, for a total value of approximately € 45,000.00, issued by INPS and of which she had only come to know by making a request for excerpts from the role, having never received the notification of the same. The INPS objected to the lateness of the action proposed by the appellant company but did not produce the proof of the alleged notifications in .eml or .msg format, limiting itself to attaching pdf documents without a certificate of conformity.

THE SENTENCE:

The Court of Ancona, labor section, in the person of Dr. Andrea De Sabbata, with sentence no. 47 of 02.12.2023, accepted the request proposed by the company defended by the undersigned attorney, ordering the INPS to reimburse the costs of the litigation. The judge, in fact, rejected the INPS objection of lateness of the action to be the same qualified as opposition to the execution pursuant to art. 615 cpc and not as an action pursuant to art. 24 paragraph 5 of Legislative Decree n. 46 of 1999 and considered the pdf attachments unsuitable to prove the notification. This was followed by the condemnation of the INPS to pay the court costs.