News Supreme Court rulings January 2020

Operation of breathalyzer, prosecution must provide evidence

In ruling no. 38618/2019, the Supreme Court, Fourth Criminal Section, recognized greater protection for drivers, enforcing in criminal cases a principle already widely recognized in civil cases.

Specifically with this ruling, the Supreme Court held that the breathalyzer should be regularly calibrated and serviced. Moreover, the burden of proving the proper operation of the device rests entirely on the prosecution.

Excluding dismissal for those who do not want to work on holidays

The Supreme Court in ruling no. 18887/2019 holds that Law no. 260 of 1949 (as amended by Act No. 90 of 1954) recognizes the worker’s right not to work on certain holidays, both civil and religious

The Ermellini, recalling an earlier ruling in which they had already expressed the same principle, clarify“The right of the employee to abstain from work on midweek holidays celebrating civil holidays is a subjective right and is full with general character.”

It follows that the employer cannot deny this right to the employee (unless otherwise agreed with the employee or, union agreements made by the labor organizations to which the employee has specifically mandated).

Emails and text messages make full evidence in court

Emails and SMSs (Short Message Service) form full evidence of facts and are therefore producible in court pursuant to Article 2712 of the Civil Code unless the person against whom they are produced disproves their conformity with respect to the facts or things themselves, through the presentation of contrary, clear and circumstantial elements that demonstrate the absence of correspondence between SMSs and/or Emails and reality.

This principle was enunciated by the Supreme Court in Judgment no. 19155/2019, First Civil Section, which in this case had ruled on the action brought by a father, against whom an Injunction Decree had been issued, in order to recover expenses incurred by the former for the payment of their child’s school fees. The same, in support of her claim had produced SMS and Email.