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Кас. Цив. № 34570/2023: Роз'яснення щодо Позовної Давності Права на Виплату Компенсації у Випадку Забрудненої Переливанням Крові. | Адвокатське бюро Б'януччі

Cass. Civ. n. 34570/2023: Clarifications on the Statute of Limitations for Compensation for Infected Transfusion

The recent ruling of the Court of Cassation no. 34570, issued on October 3, 2023, offers important insights into the commencement of the statute of limitations for compensation for damages suffered as a result of infected blood transfusions. In particular, the Court addressed the issue of the exordium praescriptionis, clarifying that the limitation period does not coincide with the submission of the compensation claim, but begins to run from the moment the damage becomes knowable.

The Legal Context of the Ruling

The case dealt with by the Court concerned compensation sought by two relatives of a victim of HCV infection through transfusion. The Court of Appeal of Rome had confirmed the Ministry of Health's conviction to compensate for damages, but the Ministry appealed the decision, contesting the commencement of the statute of limitations. The Court of Cassation reiterated the principles already set out in ruling no. 576/2008, according to which the statute of limitations begins to run from the moment the damage becomes objectively perceptible and recognizable.

The statute of limitations for the right to compensation for damages begins to run from the day on which the death is perceived as an unjust damage resulting from the conduct of a third party.

Statute of Limitations and Knowability of Damage

The Court clarified that, for damages arising from civil liability for blood transfusions, the statute of limitations begins to run from the moment the damage is knowable, also in light of the scientific knowledge available at the time. This principle is particularly relevant in cases of so-called "long-latency" damages, where the damage manifests only after a long period of time. The Court therefore excluded that the commencement of the statute of limitations could coincide with the submission of the compensation claim, stating that the damage must be clearly perceived and cannot be connected to a mere material event.

Conclusions and Final Reflections

In conclusion, ruling no. 34570/2023 of the Court of Cassation emphasizes the importance of a correct interpretation of the rules on the statute of limitations in civil matters, especially in complex cases such as that of infected blood transfusions. The decision represents a significant step towards ensuring that victims of unjust damages can assert their rights without being hindered by restrictive interpretations on the commencement of the statute of limitations. It is essential that the interested parties understand the distinction between the moment of the material occurrence of the damage and the moment of its knowability, in order to act promptly and protect their rights.

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