Questione giuridica chiave
Whether the tenants could still seek annulment of the notice after only the landlord timely seized the court following the conciliation decision.
Decisione estratta
Yes. The timely seisin of the court by one party nullifies the conciliation decision in its entirety for all parties, so the other party may raise its own claims in the judicial proceedings despite not filing within 30 days.
Motivazione estratta
The conciliation decision is a sui generis, prima facie pre-decision meant to facilitate settlement. Once at least one party validly seizes the court, conciliation has definitively failed and the decision falls away completely; no partial finality applies. It would contradict the conciliatory purpose to penalize the more accommodating party.