Recognition and Enforcement of U.S. Judgments in Italy

No general bilateral treaty — but a clear statutory framework

Italy and the United States do not have a general bilateral treaty governing the recognition and enforcement of civil and commercial judgments.

Nor is the United States a party to the 2005 Hague Convention on Choice of Court Agreements or the 2019 Hague Judgments Convention.

Accordingly, unless another applicable international instrument governs the particular case, recognition and enforcement of a U.S. judgment in Italy are principally governed by Articles 64–67 of Italian Law No. 218/1995.

This does not mean that a U.S. judgment cannot be enforced in Italy. It means that the creditor must satisfy the requirements established by Italian law.

The key requirements

Under Article 64, the Italian court examines, among other things, whether:

• 01Jurisdiction — the U.S. court had jurisdiction according to the principles recognised by Italian law.
• 02Proper service — the defendant was properly served with the proceedings and given an adequate opportunity to defend the claim.
• 03Due process — the fundamental requirements of adversarial proceedings and the right of defence were respected.
• 04Finality — the judgment is final and has the necessary effect under the law of the state in which it was issued.
• 05Compatibility with Italian judgments — the judgment is not incompatible with a final Italian judgment concerning the same parties and dispute.
• 06Public policy — recognition of the judgment would not be contrary to Italian public policy.

The Italian court does not ordinarily reconsider the merits of the U.S. judgment. The focus is on whether the statutory requirements for recognition have been satisfied.

The punitive damages question

The treatment of punitive damages is one of the most important issues when enforcing certain U.S. judgments in Italy.

For many years, Italian case law generally regarded punitive damages with considerable caution because of their differences from the traditional compensatory function of Italian civil liability.

That position changed significantly with Italian Supreme Court Joint Chambers decision No. 16601/2017.

The Court held that punitive damages are not, as such, incompatible with Italian public policy. Recognition may nevertheless depend on the specific legal basis, purpose, foreseeability and proportionality of the award.

Accordingly, the recognition of a U.S. judgment containing punitive damages remains a case-specific assessment. The reasoning of the U.S. court and the statutory basis for the award can be particularly important.

Procedural mechanics in Italy

Recognition of a foreign judgment is in principle automatic by operation of law under Italian private international law; judicial proceedings become necessary only where recognition is contested or where an enforceable title must be obtained for execution in Italy.

Where judicial recognition is required or contested, the creditor may commence proceedings before the competent Italian Court of Appeal (Corte d'appello) under Article 67 of Law 218/1995.

The documents required will depend on the applicable circumstances and may include:

• 01An authenticated or otherwise appropriately certified copy of the U.S. judgment
• 02Evidence of the judgment's finality and enforceability
• 03Evidence of proper service
• 04An apostille, where required
• 05A certified Italian translation of the relevant documents
• 06Documentation establishing the identity and status of the parties

The exact documentary requirements should be determined before filing, particularly because U.S. judgments and court records may be issued in different forms depending on the state and court involved.

From recognition to enforcement

Recognition is only the first stage of the recovery process.

Once the judgment is recognised and the necessary requirements for enforcement have been satisfied, the creditor can pursue enforcement measures against assets located in Italy.

These may include:

• 01Attachment of Italian bank accounts
• 02Attachment of receivables owed to the debtor by third parties
• 03Seizure of movable assets
• 04Enforcement against real estate
• 05Other measures available under Italian enforcement law

A successful recognition strategy should therefore be planned together with the asset-enforcement strategy.

A practical approach for U.S. creditors

Before commencing proceedings, we assess:

• 01The judgment — its finality, enforceability and precise scope.
• 02Jurisdiction — the basis on which the U.S. court exercised jurisdiction over the Italian defendant.
• 03Service and due process — whether the defendant was properly served and had a genuine opportunity to defend the proceedings.
• 04The underlying agreement — in particular, any jurisdiction or arbitration clause.
• 05The award of damages — including any punitive or other non-compensatory components.
• 06Italian assets — the practical prospects of recovering the judgment debt in Italy.

For a U.S. creditor, the objective is therefore not merely to obtain recognition of the judgment, but to establish a practical path from the U.S. judgment to recoverable assets in Italy.