The Court of Lecce sect. detached Gallipoli, has accepted an instance to that effect made by the depositor against the bank had illegally acquired funds for capitalized interest expense not payable quarterly, as well as deferment and antergazione currency unlawfully made.
This was possible because of the filing of the technical advice that it had discovered the credit position of the depositor against the bank.
The determination made by the CTU was therefore considered by the court sufficient to support the post-trial order in which it was intended to order the bank to repay the sums unlawfully acquired.
This situation resulted in the substantial definition of the proceedings, through the use of a tool so far not too popular with the judges of merit but of fundamental relevance in practice.
The order followed the closure of education in art. 186 cc Code, enables the person to achieve the anticipated enforcement avoiding the long time usually between the end of the investigation and the decision of the case by ruling. Another The determination made by the CTU was therefore considered by the court sufficient to support the post-trial order in which it was intended to order the bank to repay the sums unlawfully acquired.
This situation resulted in the substantial definition of the proceedings, through the use of a tool so far not too popular with the judges of merit but of fundamental relevance in practice.
and fundamental aspect of the order after the end of education with regard to his ability to purchase the effectiveness of a sentence appeal: as a result of the 2005 reform, in fact, the "conversion" in order ruling stems from the mere idle ' notice that has not manifested within 30 days that will be pronounced the sentence.
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