Notice of payment notification: Supreme Court mandates PEC for entities in public registers

1. The fact

   The issue brought before the Supreme Court stems from an opposition to enforcement filed by a debtor who was served a notice of payment in paper form via a bailiff, despite being a professional registered in the INI-PEC index. As reported by Il Sole 24 Ore, NT+ Diritto and Cassa Forense portals, the debtor claimed a violation of the rules requiring lawyers to use PEC when the recipient's address is listed in official registers.

   The case moved through lower courts with contrasting outcomes, reflecting a deep divide within high court jurisprudence. The core dispute did not concern technical transmission errors, but rather the lawyer's actual right to choose the medium of notification. The United Sections' ruling thus represents a key milestone in standardizing access to enforcement procedures within the digital justice framework.

2. 

   The rules at play

   The regulatory framework centers on Art. 3-bis of Law no. 53/1994, which mandates lawyers to serve civil and out-of-court notices via PEC when the recipient is registered in public lists. Art. 16-ter of Decree-Law no. 179/2012 specifies the official registers (such as INI-PEC and Reginde), placing an affirmative duty on the notifier to consult them beforehand.

   From a procedural standpoint, Art. 479 c.p.c. establishes that forced enforcement must be preceded by the service of the enforcement title and the notice of payment, whereas Art. 149-bis c.p.c. governs the residual role of the bailiff. Violating these provisions leads to the nullity of the notification under Art. 160 c.p.c., though its effect may be mitigated by the principle of achievement of purpose under Art. 156 c.p.c. if the debtor files a timely opposition proving actual knowledge of the document.

3. What the case law says

   Prior to this definitive ruling, high court jurisprudence was divided into two main views. One line of reasoning held that the notice of payment, while preliminary to enforcement, retained a substantially out-of-court nature, leaving the lawyer free to choose between PEC service and standard bailiff notification. Conversely, a more recent trend maintained that the primary role of PEC in modern procedure allowed no exceptions when a public electronic address was available.

   The United Sections clarified that PEC notification to entities registered in public databases is mandatory and exclusive. The Court specified that resorting to paper service via a bailiff is permissible only as a last resort, provided the lawyer certifies that electronic transmission was impossible due to causes not attributable to the notifying party. This rule does not impair the creditor's right of defense, but streamlines procedural timing and costs by removing redundant formal steps.

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8. What it teaches professionals

   1. Systematically check public registries such as INI-PEC and Reginde prior to initiating notification of a notice of payment.
   2. Explicitly certify in the record any technical impossibility of PEC transmission (e.g., full or inactive mailbox) before turning to a bailiff for paper service.
   3. Omit paper notification expenses from fee statements when paper service was carried out without statutory justification, preventing disputes during judicial cost assessment.

References: Art. 3-bis Legge 53/1994Art. 149-bis c.p.c.Art. 479 c.p.c.Art. 156 c.p.c.Art. 16-ter D.L. 179/2012

Editorial oversight: Avv. Federico Papa·ICAMUpdated 25 October 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction