Reclamo cautelare e competenza della Sezione specializzata agraria

With the order in question, the Tribunal of Napoli, agrarian section, deems its competence to decide of the claim against the decision suspending the enforcement procedure for the release, ex art. 624 cod. proc. civ., deliberated from the same Tribunal, agrarian section, as appellate court for the enforcement. The matter regarding the competence to decide on the claim lodged against a precautionary measure issued by a Court is controversial since the introduction of the remedy ex art. 669 terdecies cod. proc. civ., which doesn’t explicitly regulate such hypothesis. The explanatory statement will acknowledge the opposing interpretations, backed up both by the doctrine and the jurisprudence, on the competence of the same deciding Tribunal even if in different composition, or of the nearest Tribunal, or of the Court of Appeal having local jurisdiction. The conclusion of the statement will expose the preference for the thesis recognizing the competence of the Court of Appeal.