Osservatorio della Giurisprudenza

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