Federico Palumbo

Utilization of Reserve Lists in Public Employment and the Right to Appointment

This paper investigates the legal mechanics governing the utilization of reserve lists in Italian public employment following Supreme Court order no. 11194 of 26 April 2026. The analysis focuses on the distinction between legitimate interest and actionable…

Compensation for Damages Arising from Managerial Demotion and De-Skilling

The assessment of managerial dequalification requires balancing the employer's contractual breach with the general standards of evidentiary burden. In ruling n. 8890 of April 9, 2026, the Court of Cassation confirms that non-pecuniary damage cannot be deemed…

National Security in Public Procurement: Cloud Sovereignty and ICT Veto Powers

The regulation of national security in public contracts has undergone a structural transformation, evolving from an exceptional derogation into a primary governing principle of digital public procurement. This paper analyzes the interplay among procurement…

Validity of Post-Contractual Non-Compete Covenants: Subject Matter and Adequacy

The assessment of post-contractual non-compete covenants requires a sharp distinction between the structural determinability of the contractual subject matter under Article 1346 of the Italian Civil Code and the economic adequacy of the consideration under…

Standing to Sue against Anti-Union Conduct and Representative Union Prerequisites

In ruling no. 25184/2026, the Italian Supreme Court clarifies the prerequisites for standing to sue against anti-union conduct under Article 28 of the Workers' Statute, rejecting any alignment with the selective criteria set forth in Article 19 following…

Breach of the Prohibition of Del Credere Clauses in Commercial Agency Contracts

The Italian Court of Cassation, in order no. 1226 of 2026, clarifies the mandatory prohibition of del credere arrangements in commercial agency contracts pursuant to Article 1746 of the Italian Civil Code. The Court declares void for unlawful purpose under…

Undue Social Security Payments, Return to Work, and Omissive Fraud in UNILAV Filings

This article examines ruling no. 25154/2026 delivered by the Italian Court of Cassation concerning social security undue payments and the resumption of subordinate employment. The Court ruled out the statutory bar on recovery under Law no. 88/1989 and Law…

Duty of Repêchage and Higher Duties in Dismissal for Objective Justified Grounds

Italian original: Obbligo di repechage e mansioni superiori nel licenziamento

This paper examines order no. 24371/2026 of the Italian Court of Cassation concerning dismissal for objective justified reasons. The Court clarifies that the employer's obligation of repêchage must be evaluated against the de facto duties actually performed…

Fair Professional Compensation in Engineering Services and Public Tender Clauses

Italian original: Equo compenso nei servizi di ingegneria e clausole di gara

The application of fair compensation regulations to engineering and architectural public procurement has sparked a significant debate between professional fee protection and competition principles. With judgment no. 844/2025, the Council of State clarified…

Assessment and Quantification of Damages Arising from Employee Demotion

Italian original: La liquidazione del danno da demansionamento: criteri e limiti

With order no. 13469 of 9 May 2026, the Italian Supreme Court of Cassation clarifies the legal boundaries governing the equitable assessment of damages arising from employee demotion and de-skilling under Article 2103 of the Italian Civil Code. The Court…

Artificial Intelligence in Public Administration under Law No. 132/2025

This paper examines the legal framework governing artificial intelligence within the public administration following Law no. 132 of 23 September 2025 and recent administrative case law. The study develops along three interrelated dimensions: the systematic…

Labor Costs in Economic Tenders and Curative Relief under the Public Contracts Code

Italian original: Costi della manodopera e soccorso istruttorio nel codice appalti

Under the Italian Public Procurement Code (Legislative Decree 36/2023), accounting discrepancies regarding labor costs within economic tenders do not justify automatic exclusion. The Council of State rules that divergences between total values and analytical…

Dismissal upon Exceeding Sick Leave and Prior Notice Duties in Collective Bargaining

Italian original: Licenziamento per comporto e comunicazione preventiva nel CCNL

The Italian Court of Cassation, in order no. 12293/2025, clarifies the legal effects of collective bargaining clauses requiring the employer to notify the employee prior to the expiration of the sick leave protection period. The Supreme Court establishes…

Non-Compete Covenants and Determinability of Consideration in Employment Contracts

Italian original: Patto di non concorrenza e determinabilità del compenso nel lavoro

This decision addresses the validity of non-compete covenants where compensation is quantified annually and disbursed monthly throughout the course of employment. The Supreme Court clarifies that the overall duration of the employment relationship does not…

Penalty Clauses for Delayed Performance and Contractual Time Limits

Italian original: Clausola penale per il ritardo dell’adempimento e termine contrattuale

This paper examines the recent order of the Italian Supreme Court of Cassation no. 8971 of April 9, 2026, concerning penalty clauses for delay in contractual performance. The ruling confirms the ontological distinction between delay penalties and penalties…

Exhaustion of Protected Sick Leave and Evidentiary Value of Digital Medical Certificates

Italian original: Superamento del comporto e certificato telematico: efficacia probatoria

The judgment of the Italian Supreme Court of Cassation no. 17287/2026 consolidates the legal principles governing dismissal upon exhaustion of the protected sick leave period (comporto), addressing the evidentiary value of electronic medical certificates and…

Individual Customization of Biological Damages under the Milan Tables: Substantive Requirements

Italian original: Personalizzazione del danno biologico e tabelle di Milano: i requisiti

The assessment of non-pecuniary damage arising from bodily harm requires a clear distinction between standard consequences of an impairment and extraordinary repercussions. This study examines the criteria governing the customisation of biological damage…

Breach of Internal Corporate Operating Procedures and Just Cause Dismissal of Store Managers

Italian original: Violazione delle procedure aziendali e licenziamento del gestore

In order no. 25231/2026, the Civil Court of Cassation confirms the lawful dismissal for just cause of a store manager who intentionally breached internal operating policies by accumulating expired goods and registering them in the year-end stock inventory to…

Quota 100 Early Retirement Pension, Prohibition of Combination, and Limits on INPS Recovery

Italian original: Pensione Quota 100 e divieto di cumulo: limiti alla ripetizione INPS

Judgment no. 26979/2026 of the Civil Court of Cassation marks a pivotal turning point concerning early retirement pensions and the prohibition of combining pension benefits with employment income. Overcoming the severe approach grounded in the 2024…

Mortgage Loans with Escrow Security Deposits and Enforceability as Title for Execution

Italian original: Il mutuo con deposito cauzionale e titolo esecutivo

In banking loan agreements, the requirement of delivery does not demand the physical conveyance of cash, being satisfied once the borrower achieves legal availability over the funds through account credit evidenced by notarial deed. The immediate encumbrance…

Prohibition of Combining Early Retirement Pensions with Earned Income: Proportional Offset

Italian original: Divieto di cumulo tra pensione e lavoro: solo scomputo

In judgment no. 26864 of 14 October 2026, the Italian Court of Cassation establishes a major legal turnaround regarding the prohibition against combining early retirement pensions (Quota 100) with employment income under Article 14, paragraph 3, of Law…

Statute of Limitations on Salary Claims in Public Employment: Immediate Accrual

Italian original: Prescrizione dei crediti nel pubblico impiego: decorre subito

This study examines the order of the Civil Court of Cassation no. 25710/2026 concerning the statute of limitations for wage claims in public employment, reaffirming that the five-year period begins to run during the employment relationship from the date each…

Omission of Disciplinary Charges and Unlawful Dismissal: Mandatory Reinstatement

Italian original: Omessa contestazione e licenziamento: la reintegrazione

Order no. 14060 of 13 May 2026 of the Civil Court of Cassation consolidates an essential principle regarding disciplinary dismissal, addressing the scenario where multiple disciplinary suspensions are accumulated and communicated simultaneously with the…

Reinstatement Overturned on Appeal: Retention of Remuneration and Validity of Management Acts

Italian original: Reintegra riformata: salvi retribuzione e atti di gestione

The Italian Court of Cassation examines the scope of the external expansive effect under Article 336, paragraph 2, of the Italian Code of Civil Procedure in the event of judicial reinstatement of an employee subsequently overturned on appeal. The reversal of…

Reclassification of Project Contracts into Permanent Employment and the Flat-Rate Indemnity

Italian original: Lavoro a progetto riqualificato: niente indennità forfettaria

The Italian Supreme Court of Cassation, in judgment no. 24479 of August 5, 2026, settles a significant judicial conflict regarding the financial remedies applicable upon the reclassification of project-based contracts into open-ended subordinate employment…

Coercive Penalty Payments in Administrative Enforcement: Inequity and Remedial Limits

Italian original: Penalità di mora nel giudizio di ottemperanza: limiti e iniquità

Regarding coercive penalty payments in administrative enforcement proceedings, the Italian Council of State, in judgment no. 6121 of 2026, rules out the application of the indirect coercive measure under Article 114(4)(e) of the Code of Administrative…

Supreme Court Appeals under the Fornero Procedure: Time Limits Running from Certified Email

Italian original: Ricorso per cassazione e rito Fornero: il termine da PEC

This article analyses judgment no. 26348 of 6 October 2026 delivered by the Labour Chamber of the Italian Supreme Court of Cassation concerning appeals under the Fornero procedure. The Court dismissed an employee's appeal challenging a dismissal for cause as…

Occupational Pension Funds and Preferential Claims: The Stance of the Joint Civil Chambers

Italian original: Fondi pensione e crediti privilegiati: la svolta delle Sezioni Unite

By judgment no. 26355 of 7 October 2026, the Joint Civil Chambers of the Supreme Court resolved the longstanding conflict concerning the priority status under Article 2751-bis no. 1 of the Italian Civil Code for pension contributions withheld but not…

Protected Sick Leave Period, Workplace Accidents, and Employer Burden of Proof

Italian original: Comporto e infortunio: l’onere probatorio del datore

This article examines order no. 13725 of 11 May 2026 delivered by the Labour Section of the Supreme Court of Cassation, focusing on dismissals for exceeding the statutory sick leave period (comporto) where collective bargaining agreements exclude…

Probationary Clauses in Employment Contracts: Job Specificity and Generic CCNL References

Italian original: Patto di prova e specificità mansioni: i limiti del rinvio al CCNL

Order no. 17074 of 31 May 2026 of the Civil Court of Cassation addresses the formal requirements set forth by Article 2096 of the Italian Civil Code concerning probationary clauses in employment contracts. The Court established that referencing national…

Employment Duration and the Validity of Post-Contractual Non-Compete Covenants

Italian original: La durata del rapporto non rende nullo il patto di non concorrenza

Order no. 436 of January 8, 2026, issued by the Employment Division of the Italian Supreme Court, addresses the validity of non-compete covenants where consideration is disbursed during the employment relationship and calculated upon its duration, without a…

Dismissal for Objective Reasons and Retaliatory Motive: Presumptive Evidentiary Standards

Italian original: Licenziamento oggettivo e motivo ritorsivo: prova presuntiva

The Italian Court of Cassation, in civil order no. 11770/2026, reaffirms that the formal suppression of a job position does not shield an employer's dismissal from judicial scrutiny regarding retaliatory motive. Where the employment termination follows an…

False Testimony by an Employee and Disciplinary Dismissal for Breach of Trust

Italian original: Falsa testimonianza del lavoratore e licenziamento disciplinare

This article analyzes order no. 25687/2026 of the Labour Chamber of the Supreme Court of Cassation concerning disciplinary dismissal following false testimony given by an employee in civil proceedings against the employer. The study investigates the…

Allowance in Lieu of Untaken Annual Leave: Employer Burden to Prove Prior Notice

Italian original: Indennità sostitutiva per ferie non godute: la prova dell’avviso

This article analyses order no. 19250/2026 delivered by the Labour Chamber of the Italian Supreme Court on the financial allowance in lieu of untaken annual leave upon termination of employment. The study addresses the dismissal of any automatic forfeiture…

Supplementary Goodwill Indemnity in Commercial Agency: Autonomy from Article 1751 CC

Italian original: Indennità suppletiva di clientela: autonoma dall’art. 1751 c.c.

This article analyses judgment no. 18575/2026 of the Italian Supreme Court (Cassazione Civile), which reaffirms the sharp functional distinction between the statutory termination indemnity governed by Article 1751 of the Italian Civil Code and the collective…

Employee Demotion through Marginal Inferior Duties: Damage Recovery Even below Ten Percent

Italian original: Demansionamento e mansioni inferiori: risarcimento anche al 10%

In its order of March 30, 2026, no. 7711, the Italian Supreme Court ruled that the quantitative prevalence of qualifying tasks does not preclude unlawful demotion under Article 2103 of the Civil Code. The assignment of lower-level tasks is lawful only if…

Verification of Abnormally Low Tenders: The Directory Nature of Clarification Deadlines

Italian original: Anomalia dell’offerta: il termine per le spiegazioni non è perentorio

In the sub-procedure for verifying abnormally low tenders, the deadline assigned to the economic operator to provide explanations is directory, in the absence of an explicit forfeiture sanction. Council of State decision No. 6457/2026 confirms the lawfulness…

Postal Interest-Bearing Bonds: Failure to Deliver Information Sheets Precludes Damages

Italian original: Buoni postali: omessa consegna del foglio e risarcimento escluso

The Civil Cassation, order no. 25018/2026, rules on postal interest-bearing bonds (legitimation securities under Art. 2002 of the Civil Code). At the heart of the case is the omitted delivery of the information sheet and the alleged infringement of the…

Disciplinary Dismissal and Tolerated Company Practices Departing from Compliance Rules

Italian original: Licenziamento disciplinare e prassi aziendale tollerata

The judgment under review addresses the disciplinary relevance of corporate practices deviating from mandatory statutory standards and anti-money laundering regulations. The Supreme Court confirms that employer tolerance cannot cure the breach of fundamental…

Commercial Agency Termination Indemnity: Burden to Prove Merit under Collective Agreements

Italian original: Indennità di agenzia: prova del merito per l’Accordo Collettivo

This article examines order no. 23629 of 21 July 2026 issued by the First Civil Division of the Italian Court of Cassation regarding termination indemnity in commercial agency agreements. The Supreme Court reaffirms the non-derogable nature of Article 1751…

Partial Eviction in Real Estate Sales: The Seller’s Rebuttal Burden on Compensable Damage

Italian original: Evizione parziale: la prova contraria del danno sul venditore

The Italian Court of Cassation, Second Civil Section, ruling no. 25139 of September 8, 2026, redefines the evidentiary distribution governing damages claims in real estate transactions affected by partial eviction and undisclosed building irregularities. The…

Entitlement to NASpI Unemployment Benefits after Reinstatement without Actual Resumption of Work

Italian original: Spettanza della NASpI dopo la reintegra senza ripristino di fatto

Judgment No. 24981 of 3 September 2026 delivered by the Labour Chamber of the Italian Supreme Court of Cassation addresses the entitlement to the NASpI unemployment benefit following a judicial reinstatement order, drawing a rigorous temporal and…

Ambiguous Tender Clauses: Unlawful Exclusion without Curative Procedural Relief

Italian original: Clausole di gara ambigue: illegittima l’esclusione senza soccorso

In public procurement procedures, the competitor's duty of diligence gives way to the administration's obligation of clarity. When the tender documentation is objectively equivocal, resorting to procedural assistance before imposing exclusion becomes a…

Premature Dismissal before Expiration of Protected Sick Leave: Nullity and Remedies

Italian original: Licenziamento prima del comporto: nullità e tutela attenuata

The Italian Supreme Court of Cassation, in order no. 17218 of 2026, addresses the statutory remedies governing dismissal before the expiration of the protected illness period, served in violation of Article 2110 of the Italian Civil Code following employer…

Non-Compete Covenants: Nullity Arising from Disproportionate or Inadequate Compensation

Italian original: Patto di non concorrenza: nullo se il compenso è sproporzionato

The judgment of the Italian Supreme Court of Cassation, Labour Section, 12 February 2026, no. 3122 examines the invalidity of non-compete covenants characterized by disproportionate or symbolic consideration, outlining the substantive and procedural…

Disproportionate Disciplinary Dismissal: Exclusivity of Indemnification Relief

Italian original: Sproporzione del licenziamento: solo tutela indennitaria

Supreme Court of Cassation, Labour Section, Order 15 May 2026, No. 14459 addresses the delicate interplay between collective agreement typifications of just cause and the selection of remedies under Article 18 of Law No. 300/1970. The ruling reaffirms that…

Latent Defects in Real Estate Sales: Compensation Independent of Contract Termination

Italian original: Vizi dell’immobile: il risarcimento prescinde dalla risoluzione

With order no. 12966 of May 6, 2026, the Second Civil Section of the Italian Supreme Court addresses remedies in property sales contracts. The Court clarifies that claims for damages arising from defects under Article 1494 of the Italian Civil Code maintain…

Standard ABI Bank Guarantees: Evidence of Antitrust Collusion and Creditor Forfeiture

Italian original: Fideiussioni schema ABI: prova dell’intesa antitrust e decadenza

The United Sections ruling no. 24825/2026 establishes a critical boundary for ABI-compliant suretyships, strictly limiting the temporal scope in which the Bank of Italy's provision no. 55/2005 may serve as privileged evidence of an upstream antitrust…

Overturned Judicial Reinstatement: Non-Recoverability of Accrued Wages

Italian original: Reintegra riformata: le retribuzioni non si restituiscono

Supreme Court ruling no. 24474/2026 addresses a critical issue regarding employment termination: the restitution of wages paid following reinstatement once the ruling is subsequently overturned on appeal. Rejecting the unconditional application of the…

Domestic Mistreatment: Inadmissibility of Unrecorded Audio-Visual Victim Testimonies

Italian original: Maltrattamenti: inutilizzabili le dichiarazioni senza video

The introduction of the mandatory audiovisual recording for preliminary statements made by vulnerable victims represents a crucial development in the Italian criminal justice system. The reviewed ruling (Supreme Court of Cassation, Sixth Criminal Section…

Transfer of Undertakings: Dismissal by the Transferor and Inapplicability of Forfeiture

Italian original: Cessione d’azienda: licenziamento dal cedente senza decadenza

Order No. 22651/2026 of the Italian Supreme Court dismisses the appeal brought by a transferee company and restates, in the context of the transfer of a business (Article 2112 of the Civil Code), that a dismissal issued by the transferor after the employment…

Sales of Purebred Animals and Consumer Protection: Remedies for Latent Defects

Italian original: Compravendita di gatto di razza: opera la tutela del consumatore

The sale of purebred cats raises complex questions regarding the allocation of protections in the event of severe infectious diseases emerging post-delivery. Judgment No. 639/2025 by the Court of Modena strongly confirms the absolute primacy of the Consumer…

The Statutory Standstill Period and Nullity of Premature Tax Assessment Notices

Italian original: Termine dilatorio e nullità dell’avviso di accertamento

This article examines Italian Supreme Court of Cassation (Tax Section) Order no. 10442 of 21 April 2026 concerning procedural safeguards during tax audits. The study investigates the application of the sixty-day waiting period under Article 12(7) of Law no.…

Temporary Joint Ventures in Public Procurement: Execution Shares, Subcontracting, and Bid Congruity

This in-depth thematic study examines the legal framework governing Temporary Joint Ventures (RTI) in public service and supply contracts under Legislative Decree no. 36/2023, following the landmark ruling of the Italian Council of State, Section V, judgment…

Express Termination Clauses: New Execution Summons as Implied Waiver of Termination Rights

Italian original: Clausola risolutiva espressa: la nuova convocazione è rinuncia tacita

The Second Civil Section of the Italian Court of Cassation, in order no. 12693 of 5 May 2026, clarifies the application of express termination clauses under Article 1456 of the Italian Civil Code within preliminary real estate sales. The Court establishes…

Termination of Preliminary Contracts and Loss of Profits: Evidentiary Value of Written Purchase Offers

Italian original: Risoluzione del preliminare e lucro cessante: la proposta scritta

The Second Civil Section of the Italian Court of Cassation, in order no. 3244 of 13 February 2026, strictly defines the burden of proof incumbent upon the prospective purchaser who seeks termination of a preliminary real estate contract and claims loss of…

Seller’s Undertaking to Cure Defects and the Ten-Year Statute of Limitations in Real Estate Sales

Italian original: Impegno a eliminare i vizi e prescrizione decennale nella vendita

This paper examines the judgment of the Italian Supreme Court of Cassation, Second Civil Chamber, order of 20 May 2026, no. 15232, concerning the seller's commitment to cure defects and the ten-year statute of limitations in real estate sales contracts. The…

Wage Reduction Agreements and Validity Requirements in Protected Settlement Venues

Italian original: Riduzione della retribuzione: valida solo in sede protetta

In Order No. 8402 of April 3, 2026, the Italian Court of Cassation clarifies the legal framework governing the reduction of salary under Art. 2103 of the Italian Civil Code as amended by Legislative Decree No. 81/2015. Under the reformed statute…

Disciplinary Dismissal Without Prior Charge: Mandatory Reinstatement of the Employee

Italian original: Licenziamento senza contestazione: scatta la reintegrazione

The Italian Supreme Court of Cassation (Labour Division, Order no. 24378 of 2 August 2026) held that the complete lack of a prior written disciplinary charge under Article 7 of Law no. 300/1970 cannot be treated as a mere formal or procedural irregularity…

Unfair Contract Terms in Digital Agreements: Inadequacy of Generic Point-and-Click Consent

Italian original: Clausole vessatorie nei contratti telematici: il flag non basta

This article analyses judgment no. 20945/2026 delivered by the Italian Court of Cassation regarding unfair and onerous terms in digital business-to-business (B2B) contracts. The Third Civil Chamber rules that Article 13 of Legislative Decree no. 70/2003…

Retention of Confirmatory Deposit in Preliminary Agreements and Statutory Contractual Withdrawal

Italian original: Ritenzione della caparra confirmatoria nel preliminare: è recesso

The Italian Supreme Court of Cassation, in Order no. 12162 of 1 May 2026, addresses the judicial qualification of claims concerning the retention of the confirmatory deposit in preliminary real estate sales agreements. When the non-breaching party requests…

Preventative Impeditive Seizure Against Corporate Entities Under Decree 231/2001

Italian original: Sequestro preventivo impeditivo agli enti ex D.Lgs. 231/2001

This paper analyzes Supreme Court Second Criminal Section Judgment No. 27615 of 22 July 2026. The Court ruled that preventive impeditive seizure under Art. 321(1) Code of Criminal Procedure does not apply to corporate entities under Legislative Decree…

Disciplinary Dismissal and Retaliatory Motive in Supreme Court Jurisprudence

Italian original: Licenziamento disciplinare e motivo ritorsivo nella giurisprudenza

This paper analyzes Supreme Court Labour Section Order No. 13711 of 11 May 2026. The Court confirmed that retaliatory motive in disciplinary dismissal can be proven through simple presumptions. Sanction disproportion and timing with employee claims prove…

Suretyship Agreements and Guarantor Defenses Concerning the Extinction of Principal Debt

Italian original: Fideiussione ed eccezioni del garante sulla estinzione del debito

This paper analyzes Supreme Court Third Civil Section Order No. 22153 of 28 June 2026. The Court reaffirmed that guarantors may raise the defense of discharge of the primary obligation at any stage, as payment constitutes a broad exception subject to ex…

Adverse Possession of Inherited Property and Evidentiary Standards Among Co-Heirs

Italian original: Usucapione di beni in comunione ereditaria tra coeredi

This paper analyzes Supreme Court Second Civil Section Judgment No. 15734 of 22 May 2026. The Court ruled that exclusive enjoyment of inherited property by one co-heir does not establish adverse possession without proof of clear exclusion of other co-owners.

Preliminary Contracts and Negative Conditions Subsequent: Operation and Effects

Italian original: Contratto preliminare e condizione risolutiva negativa

This paper analyzes Supreme Court Second Civil Section Judgment No. 20878 of 19 June 2026. The Court ruled that a preliminary contract clause conditioning dissolution on unobtained urban permits constitutes a negative resolutive condition under Article 1353…

Workplace Accidents and Employer Liability Under Article 2087 of the Civil Code

Italian original: Infortunio sul lavoro e responsabilità del datore ex art. 2087 c.c.

This paper examines Supreme Court Labor Section Order No. 5606 of 12 March 2026. The Court held that employer liability under Article 2087 of the Civil Code does not constitute strict liability, ruling out damages when accidents result from completely…

Suretyship for Buildings Under Construction and Evidence of Individual Negotiation

Italian original: Fideiussione immobili da costruire e prova della trattativa

This paper examines Italian Supreme Court Third Civil Section Order No. 9004 of 9 April 2026. The Court held that financial guarantors under Legislative Decree 122/2005 bear the burden of proving genuine individual negotiation regarding forum derogation…

Warranty for Latent Defects in Sales Contracts and Statutory Limitation Periods

Italian original: Garanzia per vizi della compravendita e prescrizione

This article analyzes Supreme Court Second Civil Section ruling no. 19352 of 11 June 2026. The Court confirmed that extrajudicial notice of defects constitutes a valid act interrupting the annual limitation period for warranty and damages claims under…

Pre-Contractual Liability and Ten-Year Statute of Limitations Under Contract Law

Italian original: Responsabilità precontrattuale e prescrizione decennale

This article analyzes Supreme Court order no. 18288 of 6 June 2026 regarding pre-contractual liability under Article 1337 of the Italian Civil Code. The Court held that pre-contractual duties arise from a qualified social contact akin to contractual…

Recognizability of Latent Defects and Termination of Contracts for the Sale of Goods

Italian original: Riconoscibilità dei vizi e risoluzione della compravendita

This legal commentary analyzes Supreme Court judgment no. 16628 of 27 May 2026 regarding real estate sales defects. The Court established that recognizable defects excluding warranty under Article 1491 of the Civil Code require full awareness of the…

Duty of Repêchage to Lower Duties in Redundancy Dismissals for Objective Reasons

Italian original: Repêchage su mansioni inferiori nel licenziamento per GMO

In order no. 4377 of 26 February 2026, the Labour Section of the Italian Supreme Court held that the employer's duty of repêchage in dismissals for objective justified reasons extends to available lower-ranking positions, including fixed-term roles.…

Medical Malpractice Liability and Parental Bereavement Damages Under Milan Tables

Italian original: Responsabilità sanitaria e danno parentale: le Tabelle di Milano

This case note analyzes the judgment of the Italian Supreme Court (Court of Cassation, Third Civil Section, June 23, 2026, no. 21366) concerning medical malpractice and loss of parental relationship. The Supreme Court confirms that the Milan Guidelines serve…

Disciplinary Dismissal and Generic Charges: Remedial Protection Frameworks

Italian original: Licenziamento disciplinare e contestazione generica: quale tutela

With order no. 14150 of 14 May 2026, the Labour Chamber of the Italian Court of Cassation addresses the effects of an unspecific disciplinary charge on a dismissal governed by Legislative Decree no. 23/2015. The Court holds that a lack of specificity…

Oral Lease Agreements, Presumption of Good Repair, and Surrender Damages

Italian original: Locazione verbale e presunzione di buono stato: i danni al rilascio

Supreme Court order No. 9586 of April 15, 2026 (Third Civil Section) addresses oral lease agreements and the presumption of good condition regarding damages upon surrender under Article 1590, paragraph 2, of the Italian Civil Code. Absent a formal delivery…

Non-Compete Covenants in Employment Contracts: Legal Requirements and Limits

Italian original: Patto di non concorrenza nel lavoro subordinato: requisiti e limiti

The non-competition agreement in employment contracts, governed by Article 2125 of the Italian Civil Code, reflects a delicate balance between protecting the employer's business assets and safeguarding the employee's professional freedom under Articles 4 and…

Mortgage Payments for the Matrimonial Home: Enjoyment Excludes Unjust Enrichment

Italian original: Mutuo per la casa coniugale: il godimento esclude l’arricchimento

The recent order of the Civil Supreme Court no. 18630 of 2026 intervenes on the complex issue of the restitution of mortgage installments for the marital home paid by only one former spouse, clarifying the limits of the action for unjust enrichment under…

Biological Harm, Moral Damage, and Medical Malpractice Under the 2026 Milan Tables

Italian original: Danno biologico, morale e responsabilità medica: le Tabelle di Milano 2026

This comprehensive essay examines the modern landscape of medical malpractice liability and personal injury compensation in the Italian legal system. Moving from the dogmatic framework of non-pecuniary damage under Article 2059 of the Italian Civil Code and…

Abuse of Fixed-Term Contracts in the Public Sector: Damages Without the 36-Month Cap

Italian original: Abuso di contratti a termine nel pubblico impiego: risarcimento senza 36 mesi

Supreme Court judgment No. 21765 of June 25, 2026 (Labour Section) addresses the misuse of fixed-term employment contracts within the public sector, establishing that a worker's right to compensation for EU-law damages does not depend on completing…

Allowance for Untaken Paid Leave for Senior Executives and the Employer Burden of Proof

Italian original: Indennità per ferie non godute del dirigente apicale: l’onere probatorio datoriale

Supreme Court Order No. 418/2026 reaffirms a crucial principle in European labor law: top executives, despite having the authority to independently schedule their working hours, do not forfeit their right to compensation for untaken annual leave due to mere…

Computation of Balconies in Legal Building Distances at the Time of Construction

Italian original: Il computo dei balconi nelle distanze legali al tempo della costruzione

The Supreme Court, with judgment no. 20546/2026, revisits the delicate balance between urban planning regulations and private construction, definitively addressing the computation of balconies in legal distances. The ruling reaffirms the absolute mandatory…

Artificial Intelligence Hallucinations and Disciplinary Penalties Against Defense Counsel

Italian original: Allucinazione informatica: sanzione al difensore ex art. 616 c.p.p.

This paper addresses the attorney’s negligence regarding computer-generated hallucinations resulting from the unverified use of generative artificial intelligence in drafting pleadings. The Supreme Court declared the appeal inadmissible because it was flawed…

Computerized Allocation of Teaching Positions: Renunciation Limited to Omitted School Preferences

Italian original: Supplenze informatizzate: la rinuncia vale solo per le sedi omesse

This paper analyzes the assignment of temporary teaching contracts through a computerized procedure in light of the Italian Supreme Court judgment No. 18156/2026. The failure to specify certain school preferences in the online application constitutes solely…

Recovery of Unduly Paid Indemnity in Lieu of Notice: Substantive and Procedural Limits

Italian original: Ripetizione dell’indennità sostitutiva del preavviso: i limiti

The order of the Supreme Court of Cassation, Labour Section, no. 22187 of 28 June 2026 systematically addresses the recovery of the undue pay in lieu of notice in case of reinstatement. The ruling clarifies that the reinstatement order under Article 18 of…

Statutory Regulation of Fair Wages in Italy Following Law No. 112

Italian original: La disciplina del salario giusto in Italia dopo la legge 112

This article provides a critical analysis of the legal framework governing fair wages in Italy, established by Decree-Law No. 62 of April 30, 2026, and converted with significant amendments by Law No. 112 of June 25, 2026. The paper explores the new…

Algorithmic Decision-Making Between Automation and the Human Reservation Principle

Italian original: Decisioni algoritmiche tra automazione e riserva di umanità

This note analyses judgment no. 758/2026 of the TAR Marche, concerning the exclusion of an economic operator from a public tender for grave professional misconduct under Article 98 of Legislative Decree no. 36/2023. The core of the ruling lies in the…

Effective Interoperability Obligations in Digital Ecosystems: The Apple iCloud Case

Italian original: Obbligo Interoperabilita Effettiva Apple Icloud

The opening of the AGCM's investigation into Apple highlights the delicate tension between closed digital markets and contestability rules. The focus of the measure lies in the obligation of effective interoperability established by Article 6, paragraph 7 of…

Scientific Evidence and Reasonable Doubt in Circumstantial Criminal Proceedings

Italian original: Prova scientifica e ragionevole dubbio nel processo indiziario

This paper examines the structure of Italian circumstantial evidence in light of the "beyond a reasonable doubt" standard introduced in Article 533 of the Italian Code of Criminal Procedure, comparing two landmark cases: the Garlasco murder conviction and…

Generative Artificial Intelligence in Legal Defense Pleadings: Automation and Professional Diligence

Italian original: Tra automazione e diligenza: l’IA generativa negli atti difensivi

Generative artificial intelligence (ai) in defense pleadings is the subject of order no. 11431/2026 of the Italian Criminal Court of Cassation, which raised sua sponte the fictitious nature of six case-law citations in the appeal — judgments that existed by…

Double Acquittal and Statutory Limits on Prosecutor Appeals to the Court of Cassation

Italian original: La doppia assoluzione e i limiti di ricorso del pubblico ministero

This paper analyses the legal framework of the points-of-law appeal by the public prosecutor and double acquittal under Article 608, paragraph 1-bis, of the Italian Code of Criminal Procedure, in the light of recent jurisprudential developments regarding the…

Pay Transparency and Collective Bargaining Under Legislative Decree No. 96/2026

Italian original: D.Lgs. 96/2026: trasparenza retributiva e contrattazione collettiva

This paper examines the implementation of Legislative Decree No. 96 of 7 May 2026 within the national labor framework, focusing on the delicate balance between the prerogatives of collective bargaining and individual remedies. Through an analytical scrutiny…

Illegality of Systematic Partial Demotion and Remedial Protections for Employees

Italian original: Illegittimità del demansionamento parziale sistematico e tutele

Supreme Court Ruling no. 7711/2026 addresses the illegality of systematic partial demotion within the healthcare sector, reshaping the boundaries of the employer's ius variandi. This paper examines the overcoming of the traditional quantitative criterion of…

Antitrust Nullity of ABI Standard Suretyships Following Joint Sessions Referral

Italian original: La nullità delle fideiussioni ABI dopo il rinvio alle Sezioni Unite

The partial nullity of guarantees conforming to the ABI standard form — established by the Italian Supreme Court's Joint Divisions in 2021 — has generated three structural judicial conflicts, now referred to the Joint Divisions through a preliminary…

Unconstitutionality of Regional Minimum Wage Statutes in Public Procurement

Italian original: Il salario minimo regionale negli appalti pubblici è incostituzionale

The debate surrounding the minimum wage in public procurement receives a definitive systematic framework from the Constitutional Court with judgment no. 60/2026. This paper examines the declaration of unconstitutionality of the Tuscany Region's legislation…

Fair Remuneration and Wage Alignment with Analogous Collective Bargaining Agreements

Italian original: L’adeguamento della retribuzione al contratto di settore affine

The adjustment of remuneration to the related sector contract represents the core of a delicate systemic transition. Starting from the ruling of the Court of Cassation (judgment no. 32123/2025) concerning procurement and cooperatives, the paper analyzes the…

The European AI Act and Civil Liability of Autonomous Decision-Making Systems

Italian original: AI Act: la responsabilità civile dei sistemi decisionali autonomi

This paper analyzes the civil liability of autonomous decision-making systems by establishing a dialogue between civil law dogmatics and computer engineering. Through an overview of the new European framework (AI Act) and national legislation, the first…

Causation Criteria and Assessment of Personal Injury of Multifactorial Genesis

Italian original: I criteri per il danno alla salute a genesi multifattoriale

The Supreme Court order no. 760 of 2026 provides the opportunity to reconsider the criteria for multifactorial health damage. The decision falls within the delicate boundary between the etiological assessment of neonatal sensorineural hearing…

Dismissal of Disabled Workers for Exceeding Maximum Sick Leave: Reasonable Accommodation

Italian original: Limiti al licenziamento del lavoratore disabile per superamento del comporto

This article analyzes the Italian Supreme Court judgment no. 8211/2026, which reaffirms the nullity of dismissals for exceeding the comporto period involving disabled workers, when reasonable accommodations have not been implemented. Specifically, it…

Anti-Union Conduct and Collective Agreement Substitution in Telecommunications and BPO

Italian original: La condotta antisindacale nel cambio di contratto tra TLC e BPO

This article examines ruling no. 622/2026 of the Court of Trani regarding anti-union conduct in contract switching between the TLC and BPO sectors. By discussing recent Supreme Court and Constitutional Court decisions, it explores the lawfulness of…

Civil Res Judicata and Retroactive Declarations of Unconstitutionality: Remedial Avenues

Italian original: Rimedi per il superamento del giudicato civile incostituzionale

The analysis addresses the resistance of civil res iudicata in the face of the retroactive effect of declarations of unconstitutionality. Traditionally, the final judgment serves as an impassable limit to retroactivity, crystallizing the legal relationship…

Unemployment Benefits Following Resignation for Workplace Transfer: Note to Cassation No. 10559

Italian original: Naspi e dimissioni per trasferimento sede: nota a Cass. 10559

Ruling no. 10559/2026 addresses the relationship between naspi and resignation due to office transfer, clarifying that geographical distance alone does not automatically constitute just cause for withdrawal. The analysis examines the hermeneutic shift…

Jurisdictional Allocation in the Appointment of Hospital Department Directors

Italian original: Giurisdizione e il conferimento degli incarichi di struttura complessa

This article examines the landmark judgment no. 3868/2026 of the United Sections of the Italian Supreme Court of Cassation regarding the jurisdiction over the conferment of assignments for complex organizational structures within the health management…

Summary Dismissal for Just Cause: Cyber Fraud and Gross Employee Negligence

Italian original: Licenziamento per giusta causa: truffa informatica e colpa grave

This article examines the Italian Supreme Court's order no. 3263/2026 regarding dismissal for cause and cyber fraud. The analysis focuses on the balance between the due diligence required from a qualified professional and the lack of specific corporate…

Division of Powers Between State and Regions Regarding Suitable Areas for Renewable Energy

Italian original: Il riparto competenze Stato Regioni sulle aree idonee per le FER

Analysis of the evolution of the legal regime for suitable areas for renewable energy plants in light of the division of powers between the State and Regions. The paper examines the recent Constitutional Court rulings (nos. 134, 136, and 184 of 2025)…

Calculation Criteria for Ground Rent Redemption Capital: Judgment No. 1753/2025

Italian original: I criteri di calcolo del capitale affrancatorio: la sentenza 1753/25

This study examines the evolution and stabilization of the calculation criteria for redemption capital in light of the recent Italian Supreme Court judgment No. 1753/2025. The research focuses on the conclusion of the so-called "market-value overvaluation"…