Questione giuridica chiave
Whether the claim could proceed under the clear-case procedure of Art. 257 CPC.
Decisione estratta
No; the facts were disputed and the claim could not be immediately established from the documents submitted in first instance.
Motivazione estratta
The conditions of Art. 257 CPC must be met already before the first instance. New evidence produced only on appeal cannot cure the failure of the case-clarity requirement at first instance.