Ordinary Jurisdiction and ASL: Ruling no. 9952 of 2024 on Reimbursement of Fees for the Elderly

On April 12, 2024, the Court of Cassation issued ordinance no. 9952, providing important clarifications on jurisdiction regarding the reimbursement of fees for the care of non-self-sufficient elderly individuals. This pronouncement falls within a specific regulatory context, particularly Article 59 of Regional Law of Sicily no. 33 of 1996, and offers significant insights for legal professionals and public administrations.

Regulatory Context and Legal Issue

The dispute concerns a Municipality that initiated legal action against the ASL (Local Health Authority) to request reimbursement of the daily fee portion paid for the care of non-self-sufficient elderly individuals. According to the Court, the subject of the litigation is not related to the exercise of the public administration's authoritative powers, but to a legal obligation defined by law. In this sense, ordinary jurisdiction is the competent forum for resolving the issue.

Dispute initiated by a Municipality against the ASL for reimbursement of the fee portion for the care of non-self-sufficient elderly individuals (Art. 59 Regional Law of Sicily no. 33 of 1996) - Ordinary Jurisdiction - Existence - Basis. The dispute initiated by a Municipality against the ASL to obtain reimbursement of the daily fee portion paid, as supplementation, to the managing entities of residential facilities for the care of non-self-sufficient elderly individuals, pursuant to Article 59 of Regional Law of Sicily no. 33 of 1996, falls within the jurisdiction of the ordinary judge, given that the relationship brought before the court is not linked to the exercise of authoritative or discretionary powers by the public administration, but concerns the consideration for an obligation based on legally determined premises.

Implications of the Ruling

This ruling has several practical and legal implications:

• It clarifies that disputes concerning reimbursement obligations, such as those related to care services, fall under ordinary jurisdiction.
• It emphasizes the importance of Regional Law of Sicily no. 33 of 1996, which governs the rights and duties of public administrations towards the elderly.
• It indicates that local administrations cannot resort to discretionary powers to deny legitimate reimbursements.

Conclusions

Ruling no. 9952 of 2024 represents an important step in defining jurisdiction in matters of assistance and services for the elderly. It not only offers clarity on the competencies of public authorities but also defends the rights of the elderly and their families, ensuring that administrations comply with their legal obligations. In a context of growing attention to the well-being of the elderly, this ordinance stands as a significant legal precedent for future similar disputes.