What Happens If The PEC Mailbox Of A Recipient Is Full?

With judgment no. 2193 of 24 January 2023, the Supreme Court’s Legitimacy Judges revisited the subject of how to successfully complete Certified Electronic Post (PEC) transfers in the event that the recipient’s mailbox is full.
This issue concerning PEC has been the subject of attention on several occasions by the Supreme Court of Cassation, which in the past has made diametrically opposed decisions.
For example with judgment no. 3164 of 11 February 2020, the Judges of the Supreme Court had established that if the recipients certified mailbox being full to capacity prevented the successful transfer of a judicial document, an electronic email of receipt from PEC was enough for the sender to consider his document as having been accepted.
A short time later however, on 20 December 2021, with judgment no. 40758, the Judges, in a departure from the previous decision , underlined that in the event the sender is not in possession of a receipt of successful delivery, the burden of responsibility for a successful transmition of the document lies with him in following through with delivery to the point that, if necessary, a paper copy should be sent to the physical postal address of the recipient. .
Therefore, based on the reasoning of the Order now being discussed, the Judges at Piazza Cavour consider the status of a Certified Electronic document transmission as incomplete, even if it was the recipients negligence in failing to free up space in their electronic mailbox that led to the failure of delivery.
In summary, it is always the senders responsibility to take action to allow the successful transfer of a judicial document.