Venice Court: Territorial Incompetence and Referral to Trieste

The Court of Venice declared territorial lack of jurisdiction and ordered the case to be transferred to the Court of Trieste in judgment no. 19846/2026, published on 27-10-2026, in an action for recognition of Italian citizenship by jus sanguinis. According to the decision text published by Diritto Pratico, the court understood that the jurisdiction rule provided by the legge n. 206/2021 applies, with consequent binding to the comune of birth of the Italian ancestor. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19846.html#8ed70

Summary of the decision

• Judgment no. 19846/2026 (Tribunale di Venezia), published on 27-10-2026: the judge declared the territorial incompetence of the Venezia court in civil case no. 15946/2023 and ordered the redistribution of the proceedings to the competent Court in Trieste.
• The action, filed in 2023 for recognition of citizenship by jus sanguinis, was deemed outside the forum set by legge n. 206/2021 when applicable to applicants residing abroad.
• The resisting Ministry did not appear in the records; the Court ordered full compensation of litigation costs. According to the decision text published by Diritto Pratico, the transfer occurred in accordance with the competence rules introduced by legge n. 206/2021 (arts. 36-37). Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19846.html#8ed70

What happened in the case (relevant procedural facts)

• The plaintiffs filed a petition for recognition of Italian citizenship by jus sanguinis in 2023, alleging descent from an Italian grandfather who, according to the allegations, never naturalized.
• On 15-10-2026 the case was decided; on 18-10-2026 the judge issued the judgment declaring the territorial incompetence of the Tribunale di Venezia.
• The Court grounded its decision on the interpretation of the competence rules of legge n. 206/2021, which condition competence for applicants residing abroad to the comune di nascita of the Italian grandfather. Because of this rule, the case was sent to the competent court in the district of Trieste. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19846.html#8ed70

What this means in practice for Brazilian families

• The decision concerns only territorial competence; there is no merit judgment on the assignment of citizenship. Therefore, it does not represent either a grant or a denial of the right to citizenship.
• Brazilian families who started actions in Courts other than the indicated forum now must refile (riassumere) the action to the competent Court — in this case, the Tribunale di Trieste — under penalty of dismissal for lack of competence.
• There is a legal deadline for the riassunzione of the action; the Court of Venezia granted the parties the time provided by law to reconstitute the case before the competent court. Interested parties should observe the procedural deadlines of the Italian Civil Procedure Code to avoid preclusions. For general information about procedures and requirements, see the section on Cittadinanza Italiana of Raízes Italianas.

Documents and evidence: what to have ready when re filing the action

• Keep the entire already filed documentary set intact: birth, marriage and death certificates of the Italian ancestor; civil records of the applicant; proofs of line of descent and other evidentiary documents.
• Include negative evidence of naturalization of the ancestor (when relevant) and documents proving with precision the comune di nascita of the grandfather, since competence is tied to that municipality.
• If applicants reside abroad, keep proof of that status (visa, residence certificates, consular records) and, if necessary, update translations and apostilles to meet the requirements of the new court.
• It is recommended to review the initial petition to adapt it to the distribution to the Tribunale di Trieste and to attach any new documents that strengthen the genealogical and civil relationship between generations. For general guidance on typical documents, see Cittadinanza Italiana and items in Notizie della Italia.

Impact and points of attention on the cited laws

• The decision applies legge n. 206/2021 (arts. 36-37), which changed the rules of competence for citizenship-related actions. The law became applicable to procedures commenced 180 days after its entry into force, i.e., from 22-06-2022.

  "La legge n. 206/2021 ha introdotto regole di competenza relative al comune di nascita dell'ascendente per le azioni di riconoscimento della cittadinanza." (interpretive excerpt on the application of the rules in the judgment)

Conclusion Judgment no. 19846/2026 of the Tribunale di Venezia confirms the practical application of the competence rules of legge n. 206/2021 in actions for recognition of citizenship by descendants residing abroad, ordering the transfer of the case to the Tribunale di Trieste without merit review. Interested parties should observe deadlines for the riassunzione and prepare the appropriate documentation before filing again with the competent court. Principal source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19846.html#8ed70.