New technologies and 'old' enforcement proceedings: an important step towards speeding up debt recovery procedures

Nine years ago, the instrument that gave bailiffs access to public administration databases provided for in Article 492-bis of the Code of Civil Procedure entered into force. Now the Ministry of Justice and the Italian Tax Agency (Agenzia delle Entrate) have finally implemented the instrument.

 

The standard

Article 492-bis of the Code of Civil Procedure provides that “the bailiff shall access, by means of a direct telematic connection, the data contained in the databases of the public administrations and, in particular, the tax registry, including the archive of financial relationships, and in those of the social security authorities, to acquire all the information relevant to the identification of assets and credits to be enforced, including that relating to the debtor’s relationships with credit institutions and employers or principals. Once the operations have been completed, the bailiff draws up a single report in which he indicates all the databases queried and their findings and notifies the applicant creditor thereof.”

 

The implementation of the provision

In a Communication of 21 August 2023, the Ministry of Justice declared the tool operational, giving bailiffs direct access to the databases of the Italian Tax Agency for the purposes of Article 492-bis of the Code of Civil Procedure. It specifies that bailiffs, through the Data Flow Interchange System (Sistema di Interscambio flussi Dati – SID), will have access to:

• individual income tax returns and unique certification (Certificazione Unica)
• any acts of the Registry Office (Ufficio del Registro)
• archived financial reports

In October, the agreement between the Ministry of Justice and the Italian Tax Agency, signed in June 2023, became fully operational. The agreement gives bailiffs autonomous access to the Italian Tax Agency’s databases for the purpose of the telematic search of assets.

The Department for the Digital Transition of Justice has completed the process of connecting all NEP Offices (Uffici Notificazioni, Esecuzioni e Protesti – UNEP) to the Italian Tax Agency’s databases. NEP Offices are now allowed, through the use of new technologies, to directly access and easily retrieve data on assets to be subject to enforcement or insolvency proceedings.

 

How will the procedure work?

The procedure can be activated at the request of the creditor or the bankruptcy receiver, applying directly to the NEP Offices. Bailiffs will be able to search for assets to be enforced, in compliance with privacy regulations, directly from the interconnected databases in the Italian Tax Authority. Searchable assets include:

• movable and immovable assets
• credits
• relations with banks and credit institutions
• relations with employers and principals

After completing a search, the bailiff will create a report indicating which databases they queried and the results of the search. They will then inform the creditor of the results.

 

Final considerations

The aim of this instrument is to make it easier to recover debt by simplifying the enforcement procedures using new technologies, which will significantly accelerate the search for assets. It will only be practice, however, that will confirm whether this tool will be used by lawyers, and this will very much depend on the efficiency and speed of the procedure.