What Is The Borderline Of Competence Between Specialized Corporate Chamber And Ordinary Sections?

By order of 28 November 2023, the Court of Cassation affirmed that the jurisdiction of the Specialized Corporate Chamber, pursuant to Article 3(1)(b) of Legislative Decree 168/2003, subsist only if the litigation specifically involves the discipline of copyright law and not matters of common law incidental to copyright law. 

The case

The present decision originated from a case of opposition to an injunction pending in front of the Justice of the Peace of Messina, concerning the payment of professional expenses relating to the translation into Italian of a text in a foreign language (by a Turkish author), carried out by the translator in favour of a publishing house, plaintiff in the opposition proceedings. The Justice of the Peace had declined jurisdiction in favour of the Specialized Corporate Chamber of the Court of Palermo, which in turn had held that it lacked jurisdiction, thus raising ex officio the question of jurisdiction pursuant to Article 45 of the