News
Undue salary paid by a public administration and legitimate expectation of the employee
- 03/01/2022
With the interlocutory ordinance n. 40004 of 12th December 2021 the judges of the Labor Section of the Court of Cassation refer the question of the illegality of art. 2033 of the Italian Civil Code (objective undue) towards Articles 11 and 117 of the Constitution, in relation to Article 1 of Protocol 1 CDEU.
The alleged unconstitutionality would lie in the part in which art. 2033 of the Italian Civil Code does not allow to evaluate, in order to establish its proportionality in relation to the opposing interests of the parties (Article 1, Protocol 1 of the ECtHR - Protection of property), the existence of legitimate expectations of the public employee with regard to undue pay.
All in spite of the existence of multiple factual situations such as the payment made spontaneously by the P.A. and by mistake of the same, the appearance of legitimacy of the payment title, the duration of the payments, the good faith of the recipient. The issue has been put back to constitutional scrutiny.
NEWS
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
