“The lodging at the Registry, within twenty days of the last notification, of an analogical copy of the contested decision prepared in original form and notified by Pec without a declaration of compliance by the defender ex art. 9, paragraphs 1-bis and 1-ter, of Law no. 53 of 1994 or with a certificate without a handwritten signature, does not imply the application of the sanction of non-compliance where the only counterpartor or one of the counter-appellants (even in the case of late establishment) files an analogical copy of the decision ritually authenticated or has not disgregarded the conformity of the informal copy with the original notified to him pursuant to art. 23, paragraph 2 of Legislative Degree n. 82 of 2005”.
With this principle of law, established in sentence no. 8312 of March 25, 2019, the United Sections excluded the sanction of the inadmissibility of the appeal in the case of timely file of a simple copy of the contested decision and notified by PEC, in the absence of refusal by the counter-appellant.
Therefore, the Supreme Court, reversing its orientation expressed in sentence n. 30765/2017, recognized the applicability of the art. 23 of the digital administration code in the case of filing of the disputed provision, notified by pec, without proof of compliance pursuant to art. 369, c. 2, n. 2 c.p.c.
In the event of a formal disavowal or if some or all of the counterparties remain only intimate, the appellant, to avoid a declaration of inadmissibility, "has the burden of filing the assertion of conformity to the original of the analogical copy of the contested decision up to the hearing of discussion or to the meeting in chamber of council".
Also, the same principles can be applied to the hypothesis of timely file of a copy of the report of the electronic notification of the contested decision (and of the corresponding Pec message with attached receipts) without proof of compliance by the defender pursuant to art. 9, paragraphs 1-bis and 1-ter of the l. n. 53/1994, or with a certificate without a handwritten signature.