News Supreme Court rulings October 2016

Fall in the crush at the concert? City pays for damages
A recent Supreme Court ruling (No. 19993/2016) shows that the Municipality is liable to pay damages in favor of any person who fell at the entrance of a Municipal Auditorium due to the crush of the crowd favored by the poor lighting, the lack of barriers or access corridors, and the absence of personnel in charge of guarding the entrance.
Indeed, the Ermellini made it clear that if the administration had taken the necessary safety measures and prepared an adequate service, it would have been able to contain the throng of spectators and, therefore, avoid hazardous conditions for them.

Do the wagons make too much noise? The railway operating company must compensate the residents of the area
The Civil Court of Cassation, in ruling no. 20198/2016, has ruled that if the cars running on the railway network make too much noise, exceeding the limit of normal tolerability set by Article 844 of the Civil Code (which varies from place to place, depending on the characteristics of the area), the operator of the railway network is obliged to compensate for the damage in favor of the inhabitants of the areas adjacent to the railway, also having to provide periodic oiling of the rails.



Condominium: anyone who burns plastic commits a crime


In its recent ruling 24817/2016, the Supreme Court clarified that anyone who, even once, burns plastic inside a condominium harassing neighbors with the emission of foul-smelling and irritating fumes is liable to conviction for the crime of throwing dangerous things under Article 674 of the Criminal Code.

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