News Supreme Court rulings October 2015

No church for believer under house arrest. Mass can be followed on TV
A recent ruling by the Supreme Court (No. 38733/2015) shows that thanks to technology, and in particular TV, the basic needs of the believer under house arrest can be met even while remaining at home and that, therefore, any request for free leave made by the believer in order to go to church to listen to mass must be rejected.
In fact, the Ermellini confirmed the legitimacy of the limitation of the rights and faculties normally pertaining to every free person, among which can be included the right to freely profess one’s religious faith, with regard to the person subjected to the detention regime, on the observation that the respect of the aforementioned rights is subordinate to the compatibility, of the same, with the precautionary requirements.

“Bad” frozen burgers. Supreme Court convicts bar owner
In ruling no. 40772/2015, the Supreme Court ruled that a business owner is liable to a criminal penalty if he improperly froze hamburgers, even if no concrete harm was caused to people’s health.
In the case at hand, the judges of legitimacy in fact specified that the nature of the crime of damage attributed to the contravention in question does not require a concrete production of damage to health, since the protected interest is that of“respect for the so-called food order, aimed at ensuring the consumer that the food substance reaches consumption with the hygienic guarantees imposed by its nature.”

Noisy air conditioner? Existential damage and health damage must be compensated, but medical documentation is needed for the latter
The judges of the Supreme Court of Cassation, in ruling no. 10173/2015, have stipulated that in order to claim compensation for damage to health caused by noise caused by an air conditioner kept in operation during night hours, it is necessary to produce medical documentation or a technical expert opinion from which an injury of a psychophysical nature attributable to the noise itself can be found.