Order No. 10337 of 2024: Reflections on Res Judicata and Quantum in Civil Law

The recent Order No. 10337 of April 17, 2024, issued by the Court of Cassation, offers relevant food for thought for legal practitioners. The central issue concerns the effectiveness of res judicata in cases of cassation with referral and subsequent extinction of the proceedings due to failure to resume. This topic is of particular importance, especially for those involved in civil litigation and credit matters.

Context of the Judgment

The case at hand involves R. (F. S.) against P. (State Advocate General's Office), with the Court of Appeal of Trento having previously ruled. The Court of Cassation highlighted that, in case of error in applying the legal criterion for determining the "quantum" of a right, the res judicata of the merits remains effective. This means that, despite the cassation of the merits judgment, the ascertained right is not automatically annulled but can continue to produce effects.

In general. In case of cassation with referral, due to erroneous application of the legal criterion for determining the "quantum" of the right ascertained by the appealed judgment, and subsequent extinction of the proceedings for failure to resume, pursuant to Article 310, paragraph 2, of the Code of Civil Procedure, the res judicata formed not only on the "an" (whether) of the right, but also on the part of the "quantum" not overturned by the annulment of the merits judgment, remains effective. (In this case, concerning an opposition to a payment order obtained by the Presidency of the Council of Ministers for the repayment of sums paid in execution of a judgment ordering compensation for damages due to delayed implementation of EU directives on the remuneration of specialist doctors, issued in proceedings that were extinguished due to failure to resume following the cassation with referral of that ruling, the Supreme Court recognized the res judicata in the ascertainment of the entitlement to the right within the quantitative limits of Article 11 of Law No. 370 of 1999, remaining after the cassation of the appellate ruling).

Implications of the Judgment

This judgment highlights some fundamental aspects of civil law. In particular, it clarifies that res judicata is not totally compromised by cassation but remains valid for the parts not annulled. This implies that, in case of extinction of the proceedings due to failure to resume, the creditor can still rely on the part of the ascertained right.

• Evaluation of the non-annulled "quantum": the judgment emphasizes that it is not necessary to resume the proceedings to be able to use the already formed res judicata.
• Protection of rights: the decision of the Court of Cassation guarantees protection to already ascertained rights, reducing uncertainty in legal relationships.
• Implications for creditors: creditors benefit from the possibility of enforcing their rights without having to restart an entire process.

Conclusions

In conclusion, Order No. 10337 of 2024 offers an important clarification regarding the validity of res judicata in the context of cassation with referral and subsequent extinction of proceedings. The Court of Cassation has succeeded in ensuring the certainty and stability of rights, confirming that res judicata remains effective even on issues relating to the "quantum." This judgment represents a step forward in the protection of citizens' rights and in the simplification of legal procedures.