The Rome Court of Appeal ruled that there is no violation of the right to defence if all arguments presented by the parties were not examined, as long as the motivation provided a logical explanation for the decision made and without any need for an analytical refutation of arguments not accepted or considered insignificant (Italian Supreme Court no. 12131/2023).

The Court of Appeal also noted that failure to entering in the hearing minutes certain arguments brought by one party does not amount to a violation of the adversarial principle if such party had the opportunity to reiterate them in subsequent briefs.

The PedersoliGattai team is composed of Filippo Casò (partner) and Matteo Maria Tafuro (senior associate).