Italian Supreme Court: oral hearings may be replaced by written pleadings, and the bankruptcy trustee may take over the revocation action even on appeal (case handled by our firm)

In an order published on November 26, 2025, the First Section of the Italian Supreme Court affirmed several interesting principles :

1. The hearing pursuant to Article 281-sexies of the Italian Code of Civil Procedure (“Decision following oral discussion”) may well be replaced by written notes, since a) the rule establishing this procedure is so broad that it covers all civil hearings;
b) the same provision provides for a mechanism for recovery
of the oral hearing entrusted to the initiative of the parties (in the present case, not requested by the appellant in the proceedings on the merits).

2. there is no preclusion to the trustee taking over from the individual creditor, even on appeal, even in the face of a different position taken at first instance.

Italian Supreme Court (Corte di Cassazione), Section I, order 11/26/2025

(Case followed by our firm)