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Medical liability: criteria for liquidation of damages

The Italian Supreme Court, with judgment no. 22136 of 13th July 2022, has ruled on a claim about damages for medical liability. The Court has stated that the provision regarding the equitable criterion of liquidation of non-pecuniary damages set forth in articles 138 and 139 of the Private Insurance Code, has to be applied also to offences committed before the entry into force of the Co...

Public procurement: the exclusion of a consortium for lack of a participation requirement by a member of the consortium is not lawful

The TAR Campania, with judgment no. 4731 of 13th July 2022, has ruled on the appeal against the exclusion of a consortium from a public procedure. In the case at issue, the contracting authority had excluded the consortium for lack of a participation requirement by a member of the consortium which had to execute just part of the works. The TAR, upholding the appeal of the consor...

Public procurements: the revision of prices is subject to a five-year limitation period

With regard to public procurements of services, the TAR Trento, with ruling no. 140 of 19th July 2022, has firstly confirmed the jurisdiction of the administrative judge over the revision of prices (both over the an debeatur and also over the quantum debeatur). Furthermore, the TAR Trento has stated that the right to the revision of prices is subject to a five-year ...

Entry into force of the new code on insolvency

The new code on insolvency (legislative decree no. 14/2019), lastly amended by legislative decree n. 83 of 17th June 2022, has come into force on 15th July 2022. Among the key points of the reform are the strengthening of preventive restructuring and the discharging of debts of insolvent business’ owners....

State of need and contribution to common life before the divorce: the Supreme Court rules the case in which the divorce allowance isn’t lost

The Italian Supreme Court, with ruling n. 14.256 of 5.5.2022, recalling the principles already laid down by sentence 5.1.2021, n. 32.198, confirms the previous orientation according to which the former wife or husband – who demonstrates to be in a state of need and to have contributed to the development of family life during the marriage – can maintain the perception of the divorce check, e...

The Supreme Administrative Court refers to the Plenary Section the question concerning the suspension of the judgment against the antimafia interdictive in case of admission to judicial control

The Supreme Administrative Court, Section III, with ruling 6.7.2022, n. 5624 remits to the enlarged composition the question concerning the possible suspension of the administrative judgement pursuant to Art. 79, Administrative Process Code (concerning antimafia interdiction) in the case that the company has been admitted to judicial control provided by art. 34 bis, rule n. 159/2011....

Usucapion of property subject to expropriation for public utility

The Italian Supreme Court, with ruling no. 19758 of 20.6.2022, has referred to the “Sezioni Unite” the issue regarding the usucapion of a property subject to expropriation for public utility, in the event that the Public Administration has not entered into possession of the said property.  ...

The Italian Constitutional Court on survivors’ pension and accumulation with additional income

The Italian Constitutional Court, with ruling no. 162 of 30.6.2022, has stated that the survivors’ pension – in case of accumulation with additional income for the beneficiary – cannot be reduced by an amount that exceeds the total amount of additional income. This decision aims at protecting the principle of solidarity underlying the survivors’ pension.   ...

The Court of counts rejected the 110 superbonus

The Court of Counts rejected the system of tax concession considering it distorting. In fact, according to the checks carried out by the Court, in the judgement of accounts of the State, th system of incentives and tax deductions needs to be rethought, because it is able to make tax system distortion and loss of revenue. The Court warns that Parliament has undertaken to identify an effective sy...

Compensation for the winner of a public competition in case of delayed recruitment

The Supreme Court, Section VI, with ruling 22.6.2022, n. 20092, deals with the issue of compensation for damages due to the winner of a public competition that is hired by the Administration at a considerable distance from the approval of the ranking. The Supreme Court has established that the compensation must be counted not from the ranking is drawn up, but from when the potential employee ha...

It is correct to suspend the no vax teacher from service, a recent ruling by the Court of Milan

The Milan Court, Section lav., with provision of 17.5.2022, n.1962, has held that the suspension from the service of teachers who are not vaccinated is a correct measure, as it is foreseen in consideration of the typical nature of their work performance; the legislation, in fact, is aimed at ensuring that school activities are carried out in the best conditions in order to reduce as much as pos...

If the business was closed due to COVID-19, the lease must be reduced by half

The Court of Milan, section XIII, with ruling of 6 April 2022, n. 3020, on commercial leases and COVID - 19, condemned a restaurateur to pay rents and overdue condominium expenses, reducing the amounts by 50%, in light of the decrease of utility of commercial spaces during the lockdown. The Judge, in fact, noted that, due to objective circumstances not attributable to the contractual parties, t...