Inail's Liability: Supreme Court Ruling No. 26620/2024 and the Rights of Workers Exposed to Asbestos
Supreme Court Ruling No. 26620 of October 14, 2024, has shed light on crucial aspects of Inail's liability regarding asbestos exposure certification. This judgment is of particular relevance to workers who, like A.A., find themselves facing complex situations related to their social security and the accurate information provided by public bodies.
The Case of A.A. and the Implications of the Ruling
A.A. had requested and obtained an asbestos exposure certification from Inail, which was essential for accessing pension benefits. However, Inail subsequently revoked this certification, leading to the rejection of A.A.'s pension application by Inps. A.A. then filed an appeal, seeking justice for the revocation that negatively impacted their economic and employment situation.
The liability of the public administration for damages arising from the breach of trust in the correctness of administrative action is contractual in nature.
Legal Principles and Regulatory References
The Supreme Court reiterated that Inail's liability, stemming from the issuance of an erroneous certification, falls under the category of contractual liability. This is a fundamental point, as it implies that Inail must not only ensure the accuracy of the information provided but also respect the trust placed in it by workers. Case law has clarified that, in similar cases, the social security institution is obliged to compensate for damages resulting from certification errors.
- Contractual liability is expressed by Article 1218 of the Italian Civil Code, which establishes the obligation to compensate for non-performance.
- The legislator has assigned significant value to Inail's certification concerning social security benefits for asbestos exposure.
- Information provided by public bodies must be accurate to avoid frustrating citizens' legitimate expectations.
Conclusions
Ruling No. 26620/2024 represents a significant step forward in protecting the rights of workers exposed to asbestos. It underscores the need for Inail to handle issued certifications with caution and responsibility, so that workers can rely on them for their retirement decisions. The importance of a properly functioning social security system cannot be underestimated, as it directly affects the lives of those who have dedicated years to working in hazardous conditions.
