Summary
The use of the term ‘‘appeal’’ in Article 43 of Regulation (EC) No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters does not imply that the action against the decree of the Court of Appeal ruling upon an application for a declaration of enforceability of a foreign judgment shall be brought in accordance with a specific procedural scheme. In fact, the modalities for lodging said appeal are governed by national law. As far as the Italian legal system is concerned, said appeal shall be lodged through a summons to appear at a fixed hearing (citazione a udienza fissa), given that it institutes ordinary proceedings (giudizio di cognizione).