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Magazine

10 April 2025

Even if the safe portal is by notification using PEC, there is still no certainty

On telematic notifications carried out by the defence on his own using PEC (certified electronic mail): back to the origins?
With sentence n. 3709/2019 the Court of Cassation affirms a principle of law leading to possible repercussions on numerous telematic notifications already made by lawyers using the INI-PEC portal.
The Supreme Court, in fact, states that only the address entered in the ReGindE portal managed by the Ministry of Justice “is qualified for procedural purposes and suitable to guarantee the effective defence, so that the notification of a judicial document to a PEC address referable – depending on the case – to the party personally or to the defender, but different from the one inserted in the ReGindE, that this address is listed in the National Index of Certified Electronic Mail Addresses (INI-PEC), is irrelevant&rdquo