Wrongful Action And Breach Of Trust: Ordinary Judge To Decide

With the order of 19 January 2023, n. 1567, the Supreme Court of Cassation in nomophilactic function, affirmed a very important principle of law according to which, jurisdiction belongs to the Administrative Judge only in matters in which the cause of the claims is exactly rooted in modalities of the exercise of Administrative power.

In other words, whenever a private individual requesting compensation for damages not due to Administrative malpractice but due to Public Administration malpractice and this is viewed as a violation of the general rules of good faith and fairness which all subjects, both public and private, are required to observe, the jurisdiction cannot be that of the Administrative Judge but will be reserved to the Ordinary Judge.

In more detail, the Legitimacy Judges, embracing a now widespread principle, ruled that in terms of Breach of Trust deriving from the annullment of an unlawful Administrative Act, the jurisdiction must belong to the ordinary judge since the assignment is a situation protected in itself and certainly due to its connection with the public interest.