News Supreme Court rulings August 2015

Supreme Court: No to rocket starts on green light.
The Supreme Court, in ruling no. 14914/2015, ruled that the driver of a vehicle, in the presence of a green light, is not exempt from adopting diligent and prudent driving conduct.

The Ermellini clarified that when the vehicle is in motion, it is the user’s burden to moderate speed when approaching a traffic light due to the “entirely foreseeable” possibility that the yellow light will go off and the car will not be stopped in time. The Supreme Court, moreover, clarified that the duration time of the yellow light should be identified as a minimum of three seconds, the latter circumstance therefore making all fines taken with the yellow light lasting more than three seconds legitimate.

Taking over ex’s cell phone to read text messages is robbery. Cassation says so
According to the Supreme Court (see ruling No. 11467/2015) forcibly taking possession of an ex-girlfriend ‘s cell phone, even if only to read text messages and prove cheating, can trigger a robbery conviction.

According to the Justices of Legitimacy, in fact, violating the confidentiality of the contents of a cell phone, in addition to constituting an unlawful violation of the individual’s freedom of self-determination in the sexual sphere, goes to unfair profit even if only of a “moral” kind.
To no avail were the objections of the defendant, who argued the lawfulness of his conduct since it was simply aimed at demonstrating to his ex-girlfriend ‘s father the betrayals perpetrated by his daughter.

Delayed baggage? Maximum one thousand euros for damages
A recent ruling of the Supreme Court (No. 14667/2015) shows that the compensation due to a passenger who receives baggage after 14 days for late delivery or loss due to the fault of the international carrier cannot be more than 1,000 euros, and that this sum covers any damage of whatever nature, financial or otherwise.

In such a case, the Supreme Court continues, any moral damage suffered by the unfortunate passenger who, due to the delay in the delivery of his luggage, cannot attend parties and grand galas for lack of suitable clothing is not relevant. Not even in case he is on his honeymoon.
In fact, the Court clarified that the compensation ceiling of 1,000 euros, in cases of destruction, loss or delay in the delivery of luggage, can be exceeded only if the passenger declares, before leaving, that he or she has a special interest in the delivery.

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