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On liability for damage to third parties in the service agreement: Cassation n. 27612/2019
- 12/11/2019
With order n. 27612 of 29th October 2019 the Cassation Court stated that «the rule for which only the contractor responds if he has worked independently with his own organization, or the sole customer, in the case in he was involved in the works with binding directives, which have reduced the contractor to the rank of ‘nudus minister’, certainly applies in the internal contractual relations between client and contractor, but does not apply to other intermediate hypotheses, for which they can respond, together, all the subjects who have contributed, in different ways, to cause damage to a third party, if their interference in the contracted works has manifested itself through acts or directives that have only reduced the autonomy of the contractor».
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