Intolerable emissions from public roads: the liability of the Public Administration according to Order no. 29798/2025

Living near a busy road can severely compromise one's quality of life and health. But what happens if noise and fine particulate matter exceed the threshold of normal tolerability? Who is liable for the damages suffered by residents? A recent and landmark decision by the Court of Cassation clarifies a highly debated issue, redefining the boundaries of the Public Administration's liability in the management of public domain and patrimonial assets.

The case and the decision of the Court of Cassation

The dispute brought to the attention of the Supreme Court, which concluded with Order no. 29798 of November 12, 2025, involved private parties A. A. and N. A. in a context that directly challenged the administration of Roma Capitale. The judges of legitimacy confirmed the conviction of the public entity to implement concrete measures to limit noise and air pollution on a particularly exposed stretch of road.

Specifically, the Public Administration was ordered to:

• Set a speed limit of 30 km/h to reduce the emission of fine particulate matter;
• Install, at its own care and expense, sound-absorbing panels to mitigate harmful noise emissions.

This ruling represents a fundamental milestone for the protection of citizens' rights, as it clarifies that the Public Administration does not enjoy discretionary immunity when its omission infringes upon subjective rights to health and property.

The legal principle of the judgment

To fully understand the scope of this decision, it is useful to read the legal principle expressed by the judges of legitimacy:

The Public Administration, as it is required to observe technical rules or standards of diligence and prudence in the management of its assets - and, therefore, the principle of neminem laedere - is liable for damages resulting from the infringement of the subjective rights of private individuals caused by emissions originating from public areas, and may consequently be ordered to pay damages, as well as to perform the necessary actions (facere) to bring said emissions below the threshold of normal tolerability, since such claims do not in themselves concern authoritative and discretionary acts, but rather material activity subject to the aforementioned principle of neminem laedere.

The principle highlights a cornerstone: the Public Administration is subject to the common rules of civil life (the principle of neminem laedere under Art. 2043 of the Italian Civil Code) when managing its assets, including public roads. If the use of a road generates noise or dust that exceeds the limit of normal tolerability provided for by Art. 844 of the Italian Civil Code, the ordinary judge has the power to order the public entity not only to compensate for the damage (Art. 2059 of the Italian Civil Code) but also to carry out material works to eliminate the nuisance (Art. 2058 of the Italian Civil Code).

The protection of health and the limit to discretionary power

The most innovative aspect of the decision lies in overcoming the classic objection of the Public Administration, according to which traffic organization falls within its discretionary and unchallengeable powers. The Court of Cassation clarifies that the protection of health (Art. 32 of the Constitution) and private property prevails over administrative choices when the latter result in harmful material activity. The imposition of a 30 km/h speed limit and the installation of acoustic barriers do not constitute an undue interference by the judge in the powers of the Public Administration, but rather the mandatory removal of an unlawful situation.

Conclusions

Order no. 29798/2025 stands as a powerful tool for the protection of citizens suffering from the harmful effects of uncontrolled urban traffic. It reaffirms that the right to health and domestic tranquility cannot be sacrificed on the altar of administrative inertia. Anyone in a similar situation now has even stronger legal grounds to demand that the public entity intervene actively to restore legality and the livability of the territory.