The “Consiglio di Stato”, with sentence n. 7026 of December 12th, 2018 overturned the consolidated legal orientation according to which, in the absence of registration of the PEC address to the PP.AA register. formed by the Ministry of Justice, the service must be made only in paper form.

In fact, the service of the first instance appeal made at a PEC electronic domicile contained in a public list must be considered fully valid and effective, especially if the public administration that received the electronic notification has failed to fulfill the obligation to communicate another and different PEC address from enter the public list held by the Ministry of Justice.

This is a sentence that has tried to fill the inaction of the Administrations in communicating their address to the Ministry of Justice that manages the PPAA Register on the site pst.giustizia.it, the only public list that clearly is identified by law as suitable for draw on the Pec addresses for notifications of judicial documents.

The Public Administration, in fact, "according to the canons of self-responsibility and legitimate expectations to which its legal behavior should be inspired, can not take refuge behind the legal provisions that provide for a specific list from which to extract the PEC addresses for the notification of judicial documents preventing so, in fact to the other party to make the notification to him with telematic means.”