Summary
When the Court of Appeal has declared the enforceability in Italy of a Tunisian judgment condemning an Italian company to the payment of an amount of money, and has grounded its decree on Articles 31 et seq. of the Brussels Convention of 27 September 1968 (or on Articles 38 et seq. of Regulation (EC) No 44/2001), rather than – as it would have been appropriate – on the Convention on judicial assistance concluded by Italy and Tunisia on 15 November 1967, opposition to such decree shall be made in conformity with the Brussels Convention (or with Regulation (EC) No 44/2001). In fact, what appears to be the content of the challenged decision determines the type of proceedings for the appeal, regardless of the different legal characterization given by the parties to their action.