In a recent sentence of the Court of Cassation it is established that the PEC box must be correctly managed, in order to avoid criminal consequences
Are you a professional or a company and you don't take too much "care" of your certified e-mail box? Be careful, because this inattention could cost you very dearly. A recent ruling of the Court of Cassation, in fact, states that a full PEC box can not be a valid excuse for not having received a message or notification.
The Ermellini were called to settle a matter that concerned them directly. In ruling no. 7029/2018, the Supreme Court ruled against the admissibility of the appeal filed by a company that had not received an order to integrate the cross-examination in the Supreme Court proceedings. The company's certified mailbox, in fact, was full and the message was not properly delivered, despite the telematic receipt of the Revenue Agency - another party to the case - reported the wording of successful delivery.
A mishap that could have been easily avoided with a little more care (it was enough to archive the received PECs according to the law) and by opting for a certified email service that guarantees unlimited space, such as Libero Mail Pec, Libero's certified mail for professionals and companies.
The PEC box must be managed regularly
In the sentence, the Court of Cassation recalls what is provided for by art.16 of decree-law no. 179/2012 (the text of which was amended by art.47 of decree-law no. 90 of 2014 paragraph 6), where it is established that the notifications and communications against the subjects with the obligation to have a PEC address can be made, as well as by certified e-mail, also at the registry of the court itself. A case that applies precisely to the case examined by the Supreme Court: since the PEC box was "unreachable", the notification of the order addressed to the applicant company was deposited in the chancellery.
The Court of Appeal, moreover, emphasize how the non-delivery is due to the carelessness of the manager of the PEC box, who did not take care to empty it in order to avoid that problems of this kind could arise.
How to avoid finding yourself with a full PEC box
There are several ways that you can follow to avoid suddenly finding yourself with a full PEC box and not receive, so, new certified email messages. The most effective, however, are two. On the one hand, as also emphasized by the judges of the Supreme Court, it is necessary a proper management of the box, with the archiving of old messages and their subsequent elimination. On the other hand, instead, you can choose to subscribe to a Certified E-Mail service without limits, which allows you to store all messages in the cloud, without the need to delete them from time to time. A service like Libero PEC Unlimited, for example, allows you to create a PEC box without space limits for only 30 euros (+ VAT), in which to store all the digital correspondence of your company or professional office.