Questione giuridica chiave
Whether an Italian decreto ingiuntivo declared immediately enforceable under Art. 642 CPC can be recognized and enforced under the Lugano Convention.
Decisione estratta
No. A decree issued ab initio as enforceable, before the debtor has been heard and before the opposition period runs, is not a 'decision' within Art. 32 CLug.
Motivazione estratta
The court followed Denilauler and later case law requiring that the debtor must have been able to exercise adversarial rights before executability. An order immediately enforceable upon issuance resembles a provisional/cautelar measure excluded from the Lugano recognition regime.