Real estate executions, the Court of Brescia the most virtuous in Italy in terms of distribution times

There have been years – not too far away – of endless waiting inside and outside the Palace of Justice. But now the numbers are good news: the Court of Brescia ranks first in Italy in relation to the real estate executive procedures that arrive at the actual award at auction, with an average of 51 days recorded in 2021, against the national average of 405 days. The Court of Verbania (72 days) and Crotone (92) complete the podium. This is revealed by the results of the analysis conducted by the T6 Association – Study table on Italian executions – precisely on the “Study of the times of Italian executions” which returns an overview of the specific framework of real estate executive procedures. In short, Brescia is the most virtuous for the distribution phase of the procedures that lead to the award. Another aspect emerges from the study: the effects of the pandemic, which still persist, have had a significant impact on judicial activity, therefore also on executions. It goes without saying that the Brescia offices have held up more than others in this sense too.

The numbers tell of a slow recovery, with registered files going from 31,147 in 2020 to 36,115 in 2021, while the proceedings finalized last year remain in line with the previous one (resulting decidedly lower than the 2019 data): from 88,913 two years ago to 66,480 in 2020, up to 66,111 in 2021. The pending cases are down by 8, 3%.

Marco Pesenti, president of the T6 Association and senior partner of La Scala Società tra Avvocati, also confirms the “weight” of the health emergency in the progress of judicial activity: «The provisions are filed late, so it is difficult to make a comparison with 2019. The conditioning is still in place: justice has floated and held». The effects of the pandemic have influenced and slowed down the Italian judicial system, as can also be seen from the average duration of proceedings: 4.62 years in 2019, while in 2021 it reached 5.33 years. «We will have to wait at least until 2023 to understand if the improvements in terms of performance will actually continue». On this front, “the new reform seems positive to us, given that it focuses on enhancing the efficiency of the judicial system which we will be able to evaluate from a distance: the starting point for getting there would still be to work on specific interventions, also in a technological sense”.

Improved in the method, the report takes a more realistic picture of judicial proceedings: around 50% of the procedures defined in 2021 are closed with an award (on average it takes 6.22 years to reach the judicial sale), while over 35% are defined out of court , with an average of 3.55 years. Well, according to Pesenti, the new process office, “which gives managerial management to the procedures with particular attention to the dedicated technology: there is awareness, we need to make a common effort and believe in it to achieve a real turning point in real estate executions”. In two words: «Standardize to optimize».