Certified Electronic Mail or “PEC” was officially introduced in Italy in 2005, with the Decree of the President of the Republic no. 68 of February 11, which established the regulatory framework for its use. This system was created with the aim of digitizing and making official communications between citizens, businesses and public administrations more secure, in many cases replacing the traditional registered letter with advice of delivery (A/R).
In fact, after sending a message, the sender receives an acceptance receipt from their manager, certifying that the message has been sent, while the recipient’s manager sends the sender a delivery receipt, certifying that the message has been delivered to the recipient’s PEC address.
These receipts – digitally signed by the managers – constitute legal proof of the sending and delivery of the message as if it were a registered letter with advice of delivery.
Furthermore, in addition to the certainty of message delivery, PEC also guarantees the integrity of the content of the message sent and any attachments that cannot be altered or modified during transmission, as well as the date and time the message was sent with a “timestamp” of the receipts of acceptance and delivery.
As is now well known, PEC is used by public administrations for official communications, as it is mandatory, and it is also mandatory for professionals registered with associations and registers, such as lawyers, accountants, doctors, engineers and finally for commercial and non-commercial companies, including sole traders.
With specific regard to lawyers and the notification system, starting from the year 2012 they can send notifications on their own by PEC (Law 228 of 24/12/2012), thus replacing, with the same value and possibility of reproducibility in court, registered letters with return receipt and as registered letters with advice of delivery once delivered to the recipient are considered received, even if the recipient does not read the contents, as also reiterated several times by the Supreme Court.
However, until the end of 2024, there was a regulatory lacuna in the event that the sending of a letter or document via PEC system was unsuccessful and the sender received a notice of non-delivery.
In the latter case, in the absence of specific regulations, it was necessary to use traditional notification methods rather than sending a registered letter with advice of delivery. The recent regulatory intervention called “Correttivo Cartabia”, or rather Legislative Decree no. 164 of October 31, 2024, has in fact introduced significant changes in the world of legal notifications made via PEC; an update that aims to make communication processes in the justice sector more efficient and secure, eliminating uncertainties of interpretation and facilitating the use of digital tools.
The reform has affected several articles of the Code of Civil Procedure and the legislation on notifications. The most significant change concerns the case in which service via PEC is unsuccessful and there is a failure to deliver to the recipient. In the past, in such a case, the lawyer had to contact the Judicial Officer to proceed with service, declaring that it was impossible to do so via PEC.
The reform introduces an alternative mechanism that guarantees the completion of the procedure. If the problem is due to causes attributable to the recipient, the document is entered in the “Portale dei Servizi Telematici” (PST) of the Ministry of Justice, in a reserved area linked to the recipient’s tax code. At this point, the notification is considered to have been made ten days after it was entered, or when the recipient accesses the reserved area, if this is done before the ten days have elapsed. This new tool for notifications via PEC is active from November 26, 2024.
This tool, as has been emphasized, simplifies and certifies the notification process in the event that the PEC is not successful for reasons attributable to the recipient.
To use this service, the notifying party (lawyer, court clerk or court officer) must:
- Enter the document to be served on the portal together with a declaration justifying its inclusion;
- Attach the proof of service and the notice of non-delivery from the certified email service;
- Obtain a unique protocol number, useful for consulting the notification later.
After ten days, the system automatically generates a “Certificate of Successful Notification”, which can be downloaded and used in the process. This tool, on the one hand, makes the professional’s job easier and, on the other hand, complies with regulatory provisions regarding the functioning and validity of communications via PEC.
Based on the provisions of articles 149-bis of the Code of Civil Procedure and 3-ter of Law no. 53 of 1994, notification is also considered to have been served on the recipient on the tenth day following the insertion or, if earlier, on the date on which he accesses the reserved area.
If, on the other hand, the sending via PEC fails for reasons not attributable to the recipient, the notification must be carried out using the other methods provided for by law. For example:
- The clerk of the court may transmit the document through the UNEP (Office of Notifications, Executions and Protests);
- If the UNEP is involved, the notification will be made in paper format in the traditional manner;
- The lawyer may contact the judicial officer directly or proceed independently through the postal service.
In conclusion, it can be said that the new rules on notifications via PEC mark an important step forward in the digitization of civil proceedings. Thanks to these changes, the system becomes more flexible, ensuring that even in the event of malfunctions or technical impediments, the notification can be completed without delays and uncertainties. The introduction of the “Portale dei Servizi Telematici” as an alternative to the traditional method of notification via the Judicial Officer represents an innovative solution to overcome the bureaucratic and technical obstacles of the PEC communications system and also makes justice more accessible, efficient and digitalized.
For those working in the legal sector, it is essential to keep up to date with these innovations and make the best use of modern digital tools, which are recognized as having important legal value.
For more technical information, please refer to the explanatory note of the DGSIA of 13.11.2024:
( https://pst.giustizia.it/PST/it/paginadettaglio.page?contentId=ACC3724)
