Studio Legale Pavan Website

Compensation for the third party carried in the event of a road accident

With Interlocutory Ordinance no. 40885 of 20th December 2021, the Court of Cassation was asked about the question, object of interpretative contrast on the applicability of the legislation on the compensation of the third party if no other vehicles are involved in the road accident. The interpretative contrast concerns the dubious application of art. 141 or if art. 144 of the Private In...

Undue salary paid by a public administration and legitimate expectation of the employee

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 t...

Conflict of jurisdiction between the civil judge and the criminal judge

The Court of Cassation with sentence n. 38596 on 6th Dicember, 2021, affirmed that the order of a civil judge, who has deemed a criminal judge of the same office competent, it cannot be challenged through the relevant regulation. In fact, he specified that the distinction between the various sections, including civil and criminal ones, of the same court refers to mere internal articulat...

The recognition in Italy of foreign judgments

The Court of Cassation with ordinance no. 39391 on 10th December 2021 established, relying on a law of private international law which provides for the recognition of foreign sentences, established that the American sentence of 11 September 2001 for damages to the relatives of the victims, issued by the Federal District Court of New York on 22 October 2012, against the Islamic Republic of Iran;...

Regulation of jurisdiction

The United Chambers of the Court of Cassation, with sentence n. 36373 on 24th November, 2021, expresses their opinion regarding the request for compensation for damages deriving from the illegitimate exercise of legislative power, which is the damages deriving from the preparation, presentation or failure to modify a legislative act. The Court ruled that this request doesn’t concern a...

The mandate without representation to purchase real estate does not require the written form

The Court of Cassation with the order n. 39566 on 13th Dicember, 2021, confirmed that the mandate without representation to purchase real estate for its validity does not require the written form because it has a merely obligatory effectiveness, so it has an effectiveness only between the parts and it does not involving any real effect. Otherwise, the written formi s necessary for acts which co...

Significant gap between decisium and petitum

The Court of Cassation, with the interlocutory order n. 28048 on 14th October, 2021 asked to find out the correct interpretation of Article 92 c.p.c. This rule provides that, in the event that there is a large difference between the application and the content of the decision, the partially victorious actor may be sentenced to reimburse the costs of the dispute in favor of the counterparty.  ...

Architectural decorum of the condominium

The Court of Cassation with the order n. 37732 on 1st December, 2021, considered that the innovation is detrimental of the architectural decorum of the condominium when it alters the architectural lines and also when it reflects negatively on the harmony of the building, regardless of the aesthetic value of the same. In particular, according to the Court, the realization on the back of the buil...

No support for the child who does not study and does not work

The Court of Cassation with the order n. 32406 on 8th november, 2021, confirmed the principle of self-responsibility. This principle requires the child not to abuse the right to be maintained by the parents beyond reasonable limits of time and measure. The Court also stated that the obligation of the parents to support the child find a valid justification only in the cases of an education...

Evaluation of affinities with known brands

The Court of Cassation with the order n. 37355 on 29th November, 2021, decided that the assessment of affinity between a product and a well-Known and similar mark should not be carried out by a detailed examination and a verification which takes into account each individual element. The evaluation has to be done in a global and synthetic way, comparing the set of graphic and visual elements thr...

The automatic extension of the marine state property concessions is illegitimate

The Council of State in Plenary Assembly, with decision n. 17 on November 9th, 2021, ascertained the contrast of the Italian norm, which previews the automatic extension of the marine concessions, with the provisions of the Directive Bolkestein n. 2006/123/CE. This one, when the number of permits avaiable is limited, requests the application of an impartial and trasparent selection procedure fo...

Compensation for damages resulting from the exercise of sports

The Court of Cassation with the order n. 35602 on November 19th, 2021, confirmed that the exercise of a competitive sports involves the acceptance of the risk that it may result in damage. Therefore, any damage suffered by the partecipants in the activity, if it falls within the normal course of the sport, will fall on them. The organizers of the sport event, in order to avoid any responsibilit...