Osservatorio della Giurisprudenza

The Council of State clarifies that during the selection procedures for external lawyers, the Public Administration must verify that the price offered is respectful of the principle of fair remuneration (“equo compenso”), which can protect the legal profession from anti-competitive practices and ensure the quality of the service.

With regard to environmental damage, the “polluter pays” EU law principle does not imply any obligation on the part of the owner who is not responsible for the polluting event to adopt emergency safety measures; the criteria for attributing liability cannot disregard the need to ascertain a causal link between the activity carried out by the subject and the polluting event.

In the context of breach of legitimate expectation, resulting from the annulment of an unlawful administrative act, the Court of Cassation settles that, as legitimate expectation is an autonomous situation protected in itself and not in its connection with the public interest, the jurisdiction of the administrative judge exists only when the cause of action concerns the methods of exercising administrative power.

The existence of a judicial review pursuant to art. 34-bis, c. 6, of Legislative Decree 159/11, is not a cause of suspension pursuant to art.79 c.1 c.p.a. and 295 c.p.c. The suspension prevents only the contrast between judgements.

The damage from delay cannot be protected as compensation in the hypothesis in which the interested party has based his claim on a provision declared unconstitutional at a time following the expiry of the terms for the conclusion of the proceeding since the advantage that one regrets not to have obtained would still have been an advantage contra Constitutionem