Order No. 15404 of 2024: Ordinary Jurisdiction and Contributions to Healthcare Facilities

The recent order no. 15404 of June 3, 2024, issued by the Court of Cassation, raises important questions regarding jurisdiction in matters of public contributions intended for accredited private healthcare facilities. In a context marked by the Covid-19 health emergency, the Court has established that disputes related to the contributions provided for in Article 4, paragraph 5-bis, of Decree Law No. 34 of 2020 fall within the jurisdiction of the ordinary judge. This ruling provides a clear and detailed framework on the role of institutions and the mechanism for disbursing grants.

The Regulatory Context

Article 4, paragraph 5-bis, of Decree Law No. 34 of 2020, converted into Law No. 77 of 2020, provides economic aids for accredited private healthcare facilities that, due to the pandemic emergency, had to suspend their activities. The Court clarified that such contributions are not subject to discretionary powers by the health administration, which is merely responsible for overseeing the use of resources.

The Ruling of the Judgment

Contribution granted to accredited regional healthcare facilities, pursuant to Article 4, paragraph 5-bis, of Decree Law No. 34 of 2020, containing urgent measures related to the Covid-19 epidemiological emergency - Jurisdiction of the ordinary judge - Basis. In the matter of public contributions and grants, the jurisdiction of the ordinary judge exists regarding disputes related to the economic aids provided for in Article 4, paragraph 5-bis, of Decree Law No. 34 of 2020, converted into Law No. 77 of 2020, in favor of accredited private facilities that, due to the Covid-19 health emergency, have had to suspend their ordinary activities, as these are contributions provided by law on which the health administration retains exclusively oversight functions, without any discretionary power to assess the benefit.

This ruling highlights the principle of legality that governs the granting of contributions, limiting the power of the administration and ensuring judicial protection for the interested parties.

Conclusions

Order No. 15404 of 2024 marks an important step in protecting the rights of accredited private healthcare facilities. The affirmation of the jurisdiction of the ordinary judge allows for more direct access to justice for healthcare companies that have suffered economic damage due to the suspension of activities. This ruling not only clarifies jurisdictional competencies but also sends a supportive signal to the private healthcare sector during a time of crisis.

Bianucci Law Firm