Damage to Leased Property: When Can the User Claim Compensation? The Clarification by the Court of Cassation with Order No. 15496/2025

Financial leasing, commonly known as leasing, is a contractual instrument widely used in the Italian economic and legal landscape. It allows a party, the user, to enjoy a good for a specified period, in exchange for payment of a fee, with the option to acquire ownership at the end of the contract. But what happens if the good subject to the contract is damaged by a third party? Who is entitled to claim compensation: the lessor, the formal owner of the good, or the user, who has possession and enjoyment of it? The Court of Cassation, with Order No. 15496 of June 10, 2025, has provided a fundamental clarification on this delicate issue, precisely outlining the prerequisites for the user's claim for damages.

The Nature of the Leasing Contract and the User's Position

The leasing contract, especially in its financial form, is distinguished by the specific allocation of rights and obligations between the parties. The lessor (often a bank or financial company) retains legal ownership of the good, while the user acquires qualified possession, often also assuming responsibility for maintenance and the risks associated with its use. This separation between ownership and possession creates complexities when damaging events caused by third parties occur. Jurisprudence has long debated who, between the lessor and the user, is the active party for claiming damages, considering that both can suffer economic harm.

The Clarification by the Court of Cassation: The Principle of Order No. 15496/2025

The Supreme Court, with Order No. 15496/2025 (President L. R., Rapporteur P. A. P.), addressed the appeal filed by G. against C., reaffirming and specifying the principles governing the user's active standing. The ruling rejects the appeal against a decision of the Court of Appeal of Naples of 08/07/2021, consolidating a jurisprudential trend that assigns a central role to the user in certain circumstances. The stated principle is clear and provides valuable guidance:

The user is entitled to claim damages caused by a third party to the leased asset if they demonstrate that such damages directly affect their financial sphere and, therefore, that they are contractually obligated for the ordinary and extraordinary maintenance of the asset, as well as that, at the time of the contract's conclusion and the transfer of possession of the res, all risks associated with it were transferred to them.

Let's analyze in detail the meaning of this important ruling. The Court of Cassation does not merely recognize a general entitlement but subordinates it to very specific conditions. Firstly, it is essential that the damages suffered by the leased asset directly affect the user's financial sphere. This means that the harm must not be merely indirect but must materialize as a direct economic loss for the party using the asset, such as loss of profit due to the inability to use the asset, costs for a substitute asset, or increased final redemption costs. This principle aligns with the concepts of actual damages and lost profits under Article 1223 of the Civil Code, and with tortious liability under Article 2043 of the Civil Code.

Secondly, the ruling requires that the user be contractually obligated for the ordinary and extraordinary maintenance of the asset. This clause, typical of financial leasing contracts, transfers to the user the burden and responsibility of keeping the asset in good condition, making them directly interested in its repair in case of damage.

Finally, and this is a crucial point, the Order emphasizes the necessity that, at the time of the contract's conclusion and the transfer of possession of the res, all associated risks were transferred to them. This condition is the core of financial leasing, where the user assumes the risks of the asset's loss or damage, even if they are not the owner. The burden of proof for these conditions falls on the user, according to the general principle of the burden of proof established by Article 2697, paragraph 1, of the Civil Code. The ruling aligns with previous trends (see, for example, judgments No. 14269 of 2017 and No. 534 of 2011), consolidating an interpretation aimed at protecting the position of those who, despite not being the owner, suffer direct and immediate damage.

Essential Requirements for the User's Claim for Damages

To summarize, Order No. 15496/2025 clearly establishes that the user of a leased asset can claim damages caused by third parties only if specific conditions, all contractual and evidentiary in nature, are met:

• Demonstration that the damages directly affect their financial sphere.
• Contractual obligation for maintenance (ordinary and extraordinary) borne by the user.
• Contractual transfer of all risks related to the asset to the user from the time of delivery.

These requirements highlight the importance of careful drafting and reading of leasing contracts, as clauses relating to maintenance and assumption of risks are decisive for the entitlement to claim damages.

Conclusions and Practical Advice

Order No. 15496 of 2025 from the Court of Cassation represents a fundamental reference point for all parties involved in leasing contracts, whether they are users or lessors. It definitively clarifies the user's entitlement to claim damages, but it does so conditionally, requiring rigorous proof of the circumstances justifying such action. For the user, this means the need to carefully analyze their leasing contract and be prepared to demonstrate the direct impact of the damage on their assets, as well as the contractual clauses that assign them the burdens of maintenance and the risks of the asset. Therefore, in the event of damage to a leased asset by a third party, it is advisable to consult legal professionals for an accurate assessment of your position and to take the most appropriate actions to protect your interests.