Arbitration case law

ordinanza

Supreme Court, SS.UU., 11 May 2021, n. 12428

Cassazione

Legal principle

So that perfections the case case lesion of the custody of the private in the emanration of a provision administrative measures a cause one one of the public administration that si assumes discounts from canons of corret Tezza e good faith, e the relative controversy in what concerning rights subjective can be resolved by arbitration ritual of right, it is necessary that it is identifiable a behavior of the public administration One, differentiated from the mere inertia o from the mere sequence of acts formal of which is si compose the procedure administrative, that has caused per private a damage in independent way from any illegitimacy of p p p Ubblico, or that has induced the private a not to perform the tools foreseen per the protection of the legitimate interest pretensive a cause of the reasonable custody reply in the emanration of the provision no more adopted.

Methodological notes

standard

Decision text and analysis

So that+perfections+the+case+case+lesion+of the custody+of the+private+in the emanration+of+a+provision+administrative measures+a+cause+one+one+of the+public+administration+that si+assumes+discounts+from+canons+of+corret Tezza+e+good+faith,+e+the+relative+controversy+in+what+concerning+rights+subjective+can+be+resolved+by+arbitration+ritual+of+right,+it is necessary+that+it is+identifiable+a+behavior+of the+public+administration One,+differentiated+from the+mere+inertia+o+from the+mere+sequence+of+acts+formal+of+which is+si+compose+the+procedure+administrative,+that has+caused+per+private+a+damage+in+independent way+from+any+illegitimacy+of+p+p+p Ubblico,+or+that+has+induced+the+private+a+not+to perform+the+tools+foreseen+per+the+protection+of the+legitimate interest+pretensive+a+cause+of the reasonable+custody+reply+in the emanration+of the+provision+no more+adopted.

How to cite

Cassazione, 11 May 2021, No. 12428, «Supreme Court, SS.UU., 11 May 2021, n. 12428», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-ssuu-11-may-2021-n-12428-en-1752195596/

Share this decision