The burden of mediation in the proceedings of opposition to an order of payment - Mandatory procedure.

The Grand Chamber of the Supreme Court has been demanded to resolve the conflict of interpretation regarding the identification of the party burdened of filing the mandatory mediation procedure under Article 5, paragraph 4, letter a) of Legislative Decree No. 28/2010, as amended by Legislative Decree No. 69/2013, converted by Law No. 98/2013, in the case of opposition to the order of injunction, given the lack of legislative rules clarifying the issue. The Supreme Council, overturning the consolidated orientation in the jurisprudence of the Court, stated that this burden should not be borne by the plaintiff (i.e. the opposing debtor) but by the defendant (i.e. opposed creditor): therefore, should the latter fail said mandatory procedure, the order of injunction will be revoked.