Order No. 10720 of 2024: Injunctive Relief and Remedies under Art. 2043 of the Italian Civil Code

The recent Order No. 10720 of April 22, 2024, issued by the Court of Cassation, sheds light on fundamental aspects concerning injunctive relief in the context of damages compensation. The judgment, delivered by President G. T. and rapporteur E. I., overturned a decision by the Court of Appeal of Turin, drawing attention to Articles 2043 and 2058 of the Italian Civil Code.

The Case Under Review

In the specific case, the appellant, a concessionaire of three downhill tracks, had requested an injunction against a defendant who was using the tracks without authorization. The Court of Appeal had rejected the claim, arguing that the plaintiff's waiver of certain claims also implied an implicit waiver of the injunctive relief claim. However, the Court of Cassation deemed this interpretation incorrect.

The Ruling's Headnote

Injunctive Relief - Reconcilability with Remedies Provided by Art. 2043 of the Italian Civil Code - Basis - Factual Circumstances. Injunctive relief falls within the remedies provided by Art. 2043 of the Italian Civil Code, being reconcilable with specific performance as per Art. 2058 of the Italian Civil Code. (In this instance, the Supreme Court overturned the decision of the Court of Appeal which had rejected the claim brought by a concessionaire of three downhill tracks, seeking an order against the defendant to refrain from using said tracks, erroneously holding that the party's waiver of claims related to the provisions of Art. 2598 et seq. of the Italian Civil Code, but not those brought under Art. 2043 of the Italian Civil Code, also implied an implicit waiver of the injunctive relief claim).

The Court clarified that injunctive relief is a remedy provided by Article 2043 of the Italian Civil Code, which states that anyone who commits an unlawful act is liable to compensate for the damage caused. In this context, specific performance under Art. 2058 of the Italian Civil Code is crucial to ensure the protection of the concessionaire's rights.

Implications of the Ruling

This order opens important reflections on the nature of rights and legal remedies available to concessionaires and, more generally, to anyone suffering damage from unlawful acts. Below are some key points:

• Injunctive relief is an effective remedy for protecting property rights.
• Waiver of certain claims does not automatically imply waiver of the injunctive relief claim.
• The Court of Cassation emphasizes the importance of correct interpretation of civil law provisions to ensure fair justice.

Conclusions

Order No. 10720 of 2024 represents an important reference point regarding damages compensation and injunctive relief. The judgment not only reaffirms the value of property rights but also offers fundamental clarifications on the distinction between the various forms of protection provided by our legal system. It is crucial for parties involved in similar disputes to understand the legal implications of their actions and waivers to avoid compromising their rights.