Italy, Supreme Court, 10 March 2022, No. 7760
Case overview
Country
Case ID
Decision date
Deciding body (English)
Deciding body (Original)
Type of body
Type of Court (material scope)
Type of jurisdiction
Type of Court (territorial scope)
Instance
Area
Further areas addressed
Outcome of the decision
Link to the full text of the decision
General Summary
The Appellant challenges a decision of the Court of Appeals concerning the alimony payments from a mother to a daughter for the sustainment of a grandchild. The Defendant argues that the appeal is inadmissible since it has been filed after the time limits provided by law.
The Court points out that the suspension of time limits provided for by the emergency measures concerning COVID-19 do not cover proceedings concerning alimony. According to the Court, such exclusion is reasonable and justified both due to the legislature’s discretion and due to the balancing of the interests involved.
Facts of the case
The Appellant challenges a decision of the Court of Appeals concerning the alimony payments from a mother to a daughter for the sustainment of a grandchild. The Defendant argues that the appeal is inadmissible since it has been filed after the time limits provided by law.
Type of measure challenged
Measures, actions, remedies claimed
Individual / collective enforcement
Nature of the parties
Claimant(s)
Private individualDefendant(s)
Private individual
Type of procedure
Reasoning of the deciding body
The Court points out that the emergency measures in response to the COVID-19 pandemic provide for the suspension of procedural time limits. However, the measures exclude proceedings concerning alimony from the suspension. The Court points out that such exclusion is justified, both due to the legislature’s discretion and due to the balancing of the interests involved.
Conclusions of the deciding body
The Court rejects the appeal and confirms the decision of the Court of Appeals.
Fundamental Right(s) involved
- Right to access to justice, to a fair trial and to jury trial
- Right to private and family life
Rights and freedoms specifically identified as (possibly) conflicting with the right to health
- Health v. access to justice
- Health v. private life
Balancing techniques and principles (proportionality, reasonableness, others)
The Court states that the exclusion of alimony-related proceedings from the suspension of time limits is justified also in the light of a balancing of the interests involved, i.e., those concerning the pandemic emergency and those concerning important provisions about family life and maintenance of family members.
