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Checklist: what to check before filing an interim relief petition under Art. 700 c.p.c.

2 min read · Editorial oversight: Avv. Federico Papa

This checklist is intended for the final review phase, immediately prior to signing and electronic filing, to ensure that the statutory requirements under Articles 700, 669-bis, and 669-ter c.p.c. are fully satisfied.

In brief

Petitions for interim relief under Art. 700 c.p.c. require verification of their residual nature; invoking this remedy when typical measures apply results in inadmissibility. Key requirements include fumus boni iuris and periculum in mora, defined as irreparable harm rather than compensable financial loss. Pursuant to Art. 669-ter c.p.c., jurisdiction lies with the court competent for the merits; lack of jurisdiction triggers procedural dismissal under Art. 669-septies c.p.c. Filing necessitates a digital signature, a power of attorney, and specific formulation of the requested measure to ensure enforceability.

1.
Verification of residual nature
Verify that no specific (typical) interim measures are applicable to the case. Invoking Art. 700 c.p.c. in the presence of a specific measure renders the petition inadmissible.
Related practical guide: How to draft an emergency injunction under Art. 700 CPC with AI
2.
Indication of the proceedings on the merits
Ensure that the proceedings on the merits to which the requested measure is instrumental are clearly described. Although initiating proceedings on the merits is optional for anticipatory measures under Art. 669-octies c.p.c., identifying the underlying right remains essential to establish the instrumental link.
3.
Territorial jurisdiction
Verify that the petition is filed before the court having jurisdiction over the merits pursuant to Art. 669-ter c.p.c. A finding of lack of jurisdiction results in the procedural dismissal of the petition by order under Art. 669-septies c.p.c.
4.
Proof of irreparable harm
Verify that the periculum in mora does not merely concern fully compensable financial loss. It is necessary to demonstrate that future full compensation would be inadequate or impossible in order to satisfy the requirement of irreparability.
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5.
Demonstration of the fumus boni iuris
Verify that the factual allegations and legal grounds supporting the claim are clearly set out and supported by evidence, enabling the judge to conduct a summary assessment of the likely existence of the asserted right.
6.
Specificity of the requested measure
Ensure that the requested measure is formulated in specific terms. A vague or indefinite request prevents the court from issuing an effective and enforceable order.
7.
Signature and power of attorney
Verify the presence of the power of attorney (procura ad litem) and the attorney's digital signature. The absence of a digital signature constitutes a defect in the act, subject to cure under the rules of electronic civil proceedings.
8.
Completeness of supporting documents
Verify that all documents referenced in the petition are attached and correctly numbered in the index. A failure to attach supporting evidence compromises the proof of both fumus boni iuris and periculum in mora.

Editorial oversight: Avv. Federico Papa·ICAM

Frequently asked questions

What happens if I file an Art. 700 c.p.c. petition before a court lacking jurisdiction?

Pursuant to Art. 669-ter c.p.c., jurisdiction lies with the court competent to hear the merits. If the court seized declares itself lacking jurisdiction, it issues a procedural dismissal order under Art. 669-septies c.p.c.

Can I request interim relief under Art. 700 c.p.c. for a mere monetary claim?

As a general rule, no: if the harm is purely financial and fully compensable after the fact, the requirement of irreparable damage under Art. 700 c.p.c. is not satisfied.