News Supreme Court Judgments April 2020

Claim for compensation“ex lege” Pinto

The Judgment no. 5535 of 02/28/2020 of the Supreme Court ruled, in relation to the claim for“ex lege” Pinto compensation concerning criminal trials exceeding the reasonable duration as of October 31, 2016, that the submission of the request for acceleration in the prerequisite judgment is no longer a condition for the admissibility of the claim for equitable reparation, but may constitute a circumstantial element of a supervening lack or non-seriousness of the party’s interest in the decision of the appeal, being able to take on significance for the purposes of quantifying the compensation.

Inclusion in the civil status act of a minor

The Supreme Court, in Order no. 8325 of 04/29/2020, declared relevant and not manifestly unfounded the question of constitutional legitimacy of the norms that do not allow, due to contrast with the Italian public order, that the foreign court order concerning the inclusion in the civil status act of a child, procreated by the methods of gestation for others (so-called surrogacy), of the non-biological intended parent can be recognized and declared enforceable.

Reducing the minimum age gap of 18 years between the adopter and the adopted person

In Judgment no. 7667 of 03/04/2020, the Supreme Court, on the subject of the adoption of an adult, ruled that the judge in applying the rule requiring the minimum age gap of 18 years between the adopter and the adoptee, must proceed to an interpretation of Article 291 of the Civil Code compatible with Article 30 Const, according to the reading given by the Constitutional Court and in relation to Article 8 of the ECHR, which allows, having regard to the circumstances of the concrete case, a reasonable reduction of this minimum age gap, in order to protect long-established family situations based on a proven “affectio familiaris“