The request for Preventive Technical Assessment (ATP) filed after one year from the completion of the works – not admissible according to the Court.
According to the Court of Busto Arsizio (decision dated 11 October 2020), the requirement of urgency (requested according to art. 696 of the Italian Civil Code of Procedure) exists only in case the lapse of time may change the status of places or goods, making it impossible or ineffective to carry out a subsequent assessment in accordance with the procedural timetable of an ordinary legal action.
In the case at issue, such requirement was missing considering that the request for preventive technical assessment regarding alleged vices of a floor surface was filed by the claimant after one year from the completion of the relevant works. Considering the time lapsed, according to the Court the technical assessment may me validly carried out within an ordinary legal action.
The Court has therefore considered as inadmissible the request for preventive technical assessment filed by the claimant.
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