Il risarcimento danni nella pubblica amministrazione per fatto illecito della concessionaria

Abstract

The Court of Cassation, with the sentence n. 4026 of 20 February 2018, stated that "the insertion of the concession holder of the activity of organizing and exercising games of skill and predictions in the organizational apparatus of the public administration implies that the granting ministerial authority, owner of the supervisory and control power "must answer for the damages caused by the unlawful act of the same concessionary”. In any case, the application of article 2049 c.c. with regard to the public administration for illicit facts, even constituting a crime, committed by the employees or in any case agents connected to it, could undergo a change: last November 5th, in fact, the III Civil Section of the Supreme Court, the same that ruling so far discussed, has referred the documents to the First President for the possible assignment of the appeal to the United Sections for non-univocality of the jurisprudence, both civil and criminal, on the subject of liability ex art. 2049 c.c. towards the public administration.