Vizi del deposito telematico e decadenze processuali: la violazione della disciplina tecnica, tra irregolarità e rimessione in termini

The paper faces the issue of defects in electronic filing, in case of non-compliance with the technical regulations of the sector, starting from the analysis of a recent ruling by the Court of Cassation. Having identified the purpose of the deposit and reconstructed the related defects as simple irregularities, the paper attempts to provide possible practical solutions, suggesting a more parsimonious use of the institution of reinstation, also in light of the new regime introduced, in the art. 46 disp. att. c.p.c., from the reform of the Legislative Decree n. 149/2022