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On the compensation for ‘curricular damage’ and loss of chance: Italian Council of State n. 7845/2019

  • 25/11/2019

The Council of State, with a ruling of last November 15, no. 7845, stated that the judge can assess the compensable damages, including the so-called ‘curricular damage’, only after the prognostic judgment, which must be carried out according to the counterfactual method, has been positively concluded, to ascertain whether the applicant could actually have achieved the asset if the administration had called for a public selection procedure, as required by the rules governing the action of the public administration.

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