Overcoming its previous case-law, the Consiglio di Stato in plenary session held that in an action for damages caused by the unlawful act of a public authority untimely challenged before the administrative Court, the omission of the claimant is relevant as far as the amount of damages is concerned: the Court shall not award damages which could have been avoided with a timely challenge of the administrative act. The timely filing of a challenge against unlawful acts is thus an onus of the damaged party based upon its duty of diligence, under Article 1227, comma 2, of the Civil Code.
Infine una risolutiva parola dell’adunanza plenaria del Consiglio di Stato sull’onere del cittadino di impugnare l’atto amministrativo fonte di un danno ingiusto
PENASA L.
2012-01-01
Abstract
Overcoming its previous case-law, the Consiglio di Stato in plenary session held that in an action for damages caused by the unlawful act of a public authority untimely challenged before the administrative Court, the omission of the claimant is relevant as far as the amount of damages is concerned: the Court shall not award damages which could have been avoided with a timely challenge of the administrative act. The timely filing of a challenge against unlawful acts is thus an onus of the damaged party based upon its duty of diligence, under Article 1227, comma 2, of the Civil Code.File in questo prodotto:
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