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”.
The National Forensic Council formally and officially took a position on the issue by sending a letter last March to the First President of the Court of Cassation, asking him to intervene to correct a material error in which the Supreme Court appears to have incurred.
The CNF, in particular, observes that the INI-PEC is described by the Digital Administration Code as a public list which is valid for notifications made via PEC extracted there pursuant to Law n. 53/1994, an operation not permitted by the IPA list (Public Administrations Index) which is no longer included in the type of "public registers" valid for extracting the PEC address of the recipient in case of notification on its own.
The material error therefore, according to the CNF, would be the result of the confusion between IPA and INI-PEC.
However, according to the recent doctrine (ex plurimis G. Vitrani "The public registers usable for electronic notification: the Cassation No. 3709/2019 and the problematic profiles" in DeJure 2019), the prevalence of the public register ReGindE on the public register INI-PEC would have no basis in current legislation and would be unfounded at a technical level since the databases used are the same for both registers.
In light of this and pending new jurisprudential interventions, there are those who believe that the only sure way to notify a deed is still that of a paper notification to a judicial officer or a postal service for authorized lawyers ex l. n. 53/1994. (GC)
