News Supreme Court rulings June 2020

Compensation and expropriation in the public interest

The Supreme Court with Judgment no. 10747 dated 05/06/2020 clarified that on the subject of expropriation for public utility, in the event that, as a result of the construction or widening of a public road (in this case, a highway), the private individual must suffer on his property the creation or advancement of the relevant buffer strip, the latter translates into an absolute constraint of unbuildability which in itself is not indemnifiable, but which, in extensive application of the rules on partial expropriation, does not exclude the owner’s right to be compensated for the depreciation of the residual area by the computation of the individual losses inherent in it, when the possibilities for its use are altered and also for the loss of the building capacity that can be realized on the smaller areas remaining.

Compulsory insurance against accidents and occupational disease

On the subject of compulsory insurance against occupational injury and illness, in Judgment No. 12041 of 06/19/2020, the Supreme Court clarified that the civil finding of the fact constituting a crime under Articles 10 and 11 of Presidential Decree No. 1124 of 1 1965, both in the case of the worker’s action for so-called differential damages and INAIL’s action for recourse, must be carried out on the basis of the common rules of contractual liability, including with regard to the subjective element of fault and the causal link between the fact and the harmful event.

Misappropriation and misappropriation of computer files or data

According to Judgment no. 11959 of 10/04/2020 of the Supreme Court integrates the crime of embezzlement the final embezzlement of “files” or “computer data” implemented by duplication and subsequent deletion from a company personal computer, entrusted to the agent for work purposes and returned “formatted,” since such “computer data” – by physical structure, measurability of size and transferability – qualify as movable property under criminal law.