The new Italian rules governing financial penalties ordered to compel the enforcement of court decisions: Differences and similarities with the French regime
January 2012Paris International Litigation Bulletin no. 2
An astreinte is a financial penalty ordered by courts which is accessory to a main legal decision against a debtor. Until 2009, Italian law did not provide for any general indirect means of pressure, such as the astreinte. As the Italian astreinte enacted in 2009 is largely inspired by the French model, one should keep in mind in which way both institutions are alike, but also differ from each other.