Test plates on already registered vehicles: the Court of Cassation excludes retroactivity in judgment no. 28715 of 2025

The regulations governing test plates have long been at the center of heated jurisprudential and regulatory debates in Italy. For automotive industry operators, the use of this specific plate represents an essential daily tool. However, the extension of its use to vehicles already registered has generated significant interpretative doubts, culminating in major legislative reforms. With the recent judgment no. 28715 of October 30, 2025, the Court of Cassation has once again clarified a crucial aspect: the temporal effectiveness of the new rules introduced by Decree-Law no. 121 of 2021.

The regulatory context and the test plate

The dispute brought to the attention of the Supreme Court involves the parties U. T. and Z. At the heart of the dispute is the application of a test plate on a vehicle already registered prior to the 2021 legislative amendments. Historically, the jurisprudence of legitimacy (e.g., judgments no. 10868 of 2018 and no. 17665 of 2020) had adopted a very restrictive approach, excluding the possibility that a test plate could remedy the lack of mandatory motor liability insurance (RCA) on already registered vehicles, which were required to circulate only if properly insured.

To overcome this stalemate and meet the needs of dealerships and workshops, the legislator intervened with Art. 1, paragraphs 3 and 4, of D.L. no. 121 of 2021 (converted into Law no. 156 of 2021), expressly allowing the use of the test plate also on already registered vehicles, provided it is for reasons related to technical tests, roadworthiness tests, or sales purposes. But what happens regarding events that occurred before this reform? This is precisely the issue resolved by the Supreme Court.

The principle of non-retroactivity and the Cassation's decision

The Third Civil Section of the Court of Cassation, presided over by Lina Rubino with reporting judge Stefano Giaime Guizzi, confirmed the decision of the Court of Reggio Calabria, rejecting the appeal. The Court established that the 2021 reform does not have retroactive effect. This means that events occurring prior to the entry into force of the new law continue to be governed by the strict previous regime.

The judges explained that, in order to operate retroactively, a rule must contain an express derogation from the general principle of non-retroactivity enshrined in Article 11 of the Preliminary Provisions to the Civil Code (preleggi), or it must have a clear function of authentic interpretation of a previous rule. In the case of D.L. 121/2021, neither of these conditions applies.

Regarding circulation with a test plate, the provisions of Art. 1, paragraphs 3 and 4, of D.L. no. 121 of 2021, which allow its use even on already registered vehicles for reasons related to 'sales purposes', do not apply retroactively, given that such rules do not contain an express derogation from Art. 11 of the preleggi nor do they perform a function of authentic interpretation.

This headnote highlights the methodological rigor of the Supreme Court in a crystalline manner. It is not sufficient for a subsequent law to modify a situation deemed inequitable or outdated to claim its application retrospectively. Legal certainty and the protection of the legitimate expectations of citizens require that new rules apply only to the future, unless there is an explicit and legitimate contrary intent by the legislator.

Practical implications for the automotive sector

The ruling of the Court of Cassation has a significant impact on pending litigation related to penalties or road accidents that occurred before 2021. The key points to consider are summarized below:

• No remedial effect: Anyone who circulated with a test plate on an already registered vehicle (lacking its own RCA) before the reform cannot invoke the new rules to avoid penalties or liability for damages.
• Interpretative rigor: Rules that modify consolidated frameworks are almost never interpretative, unless the text expressly specifies otherwise.
• Transaction security: For industry operators, the situation is now clear, but attention must be paid to proper documentation for the use of the test plate for sales or technical testing purposes.

Conclusions

With judgment no. 28715 of 2025, the Court of Cassation reaffirms a cornerstone principle of the Italian legal system: the non-retroactivity of the law. Although the 2021 reform finally resolved a crucial operational problem for dealerships and workshops by allowing the use of test plates on already registered vehicles, it cannot be used as a shield for the past. Industry operators and legal professionals must therefore continue to evaluate the timing of events with extreme care in litigation related to road traffic and insurance coverage.