Collection of Italian Fines in Switzerland

Collection of Italian fines in Switzerland: what you need to know and how to protect yourself

It is common for residents of Switzerland to receive letters from debt collection companies demanding payment of fines imposed in Italy. Sometimes these are penalties for speeding, illegal parking or entering a restricted traffic zone (zona a traffico limitato). The amount claimed, however, almost never corresponds to the original fine: interest, administrative fees and surcharges are added, inflating the figure disproportionately.

Anyone who receives such a demand rightly wonders whether they are obliged to pay. The answer is not as straightforward as it might seem.

Debt collection companies cannot act on behalf of Italy

In a decision of the Criminal Chamber of the Federal Criminal Court, the legal position was clarified in unequivocal terms. Swiss debt collection companies that demand payment of fines and penalties imposed by Italian authorities are not authorised to do so. The reason is that the collection of administrative penalties is a sovereign act: it falls to the State that issued the fine, not to a private entity in another country.

Those who engage in such activities risk a criminal conviction under Article 271 of the Swiss Criminal Code, which penalises acts carried out on Swiss territory without authorisation on behalf of a foreign State. The penalty may be up to three years' imprisonment.

This principle has a clear rationale. Switzerland protects its territorial sovereignty. No private entity may take the place of a foreign authority in collecting public-law debts on Swiss soil, unless an international agreement permits it.

There is no agreement between Italy and Switzerland for the enforcement of fines

Unlike the arrangements in place with Germany, Austria and France, there is no bilateral agreement between Switzerland and Italy for the direct enforcement of administrative road traffic penalties. The Federal Act on International Mutual Assistance in Criminal Matters (IMAC) and the European Convention on Mutual Assistance in Criminal Matters cover cooperation in criminal matters, but traffic offences punished merely by administrative fines fall outside their scope.

This means that Italy cannot have a road traffic fine enforced directly in Switzerland through the ordinary channels of mutual legal assistance. The only viable route would be a civil action, the outcome of which could then be recognised in Switzerland under the Lugano Convention of 2007. In practice, this route is rarely pursued for modest amounts.

Italian fines should nonetheless be taken seriously

It would be a mistake, however, to disregard an Italian fine entirely. The fact that a debt collection company cannot lawfully collect it in Switzerland does not mean that the penalty has been annulled. The fine remains valid on Italian territory.

The practical consequences for non-payment can be severe. Upon re-entering Italy, the authorities may proceed with the confiscation of the vehicle, impose an administrative immobilisation order or refuse to issue documents. The penalties increase over time owing to the surcharges provided for under Italian law.

The safest course of action is to pay directly to the authority that issued the penalty: the local police (Polizia locale), the road police (Polizia stradale) or the competent municipality. In this way, you avoid the markups charged by intermediaries and can be certain that the payment is correctly recorded.

When it is worth consulting a lawyer

Not all cases are the same. Sometimes the fine was served after the statutory time limit, which for persons resident abroad is 360 days from the date of the offence. In other cases, the amount has been improperly inflated or the notification contains formal defects that allow it to be challenged.

Hugo Haab, Attorney-at-Law, and Roberto Haab, Attorney-at-Law, of Studio Legale e Notarile Haab in Lugano, regularly assist clients in this situation. Thanks to their knowledge of Swiss law and Italian procedures, the firm is able to assess on a case-by-case basis whether it is advisable to pay, to contest the fine or simply to disregard the demands of the debt collection company.

Contact us

If you have received a payment demand from a debt collection company for an Italian fine, do not act impulsively. Contact Haab Legal for an assessment of your situation. Studio Legale e Notarile Haab is located at Via Ludovico Ariosto 5, 6900 Lugano.

For a personal consultation: info@haablegal.ch | +41 91 913 30 70