The VI Civil Section of the Corte di Cassazione, with the recent Sentence’s December 4^th, 2018, n. 31251, stated that, in the absence of the service of the sentence, the service of the appeal is not suitable for starting the the short terms ex art. 325 c.p.c., as it doesn’t allow the legal knowledge of the sentence and also it it can not be assumed.

The Corte di Cassazione recalls the principle expressly formulated by the legislator, with Law n. 114 of 2014, in the new version of the art. 133 c.p.c., according to which also the complete communication of the sentence by the Registry is not suitable for starting the short terms ex art. 325 c.p.c.

Consequently, the service of the appeal can’t be considered service of the sentence, since only the second one is suitable to starting the short terms, given that, failed the terms referred, it should be applied the art. 327 c.p.c.