Commentary on Order No. 20107 of 2024: Inadmissibility and Limits of Accounting Jurisdiction

The recent Order No. 20107 of July 22, 2024, issued by the Court of Cassation, provides important clarifications on accounting jurisdiction and the methods of appealing decisions of the Court of Auditors. In particular, the ruling addresses the inadmissibility of the appeal to the Court of Cassation, highlighting how the failure to challenge a dismissal ruling on the merits may preclude further opportunities for contestation.

The Context of the Ruling

In the case at hand, the appellant C. (G. A.) faced a decision from the Court of Auditors that rejected his appeal for two fundamental reasons: on one hand, the inadmissibility due to lack of jurisdiction, and on the other, the dismissal on the merits for being unfounded. The Court established that, in the absence of an appeal against the second ruling, the appeal to the Court of Cassation cannot be accepted.

(APPEAL FOR) - SPECIAL JURISDICTIONS (APPEALABILITY) - COURT OF AUDITORS In general. In the case where the appellate accounting judge dismisses the appeal based on two concurrent rationes decidendi - one of inadmissibility, for the non-configuration of any of the hypotheses outlined in Article 172 of Legislative Decree No. 174 of 2016 (code of accounting justice) or of public damage or of accountability judgment, and the other of dismissal on the merits, for the unfoundedness of the reasons supporting the request - the failure to appeal this latter ruling results in the inadmissibility of the appeal to the Court of Cassation ex Article 111, paragraph 8, of the Constitution, as it cannot be configured as a lack of interest of the party in proposing it due to the prior dismissal of the potestas iudicandi by the Court of Auditors, as it still concerns the violation of the internal limits of jurisdiction, which is outside the scope of the legitimacy control provided for in the aforementioned Article 111, paragraph 8, of the Constitution.

Legal Implications

This ruling highlights a crucial aspect of Italian accounting justice: the necessity to appeal all rulings that may affect the final outcome of the proceedings. Indeed, the principle of procedural economy and the right of access to justice impose a careful evaluation of the decisions intended to be contested. If a judgment on the merits is omitted, this automatically results in the inadmissibility of the appeal to the Court of Cassation, as established by Article 111 of the Constitution.

  • Relevance of the double ratio decidendi in the decision of the Court of Auditors.
  • Obligation to appeal all rulings to preserve the right to appeal.
  • Consequences of the lack of potestas iudicandi and its influence on the legitimacy of the appeal.

Conclusions

In conclusion, Order No. 20107 of 2024 represents an important milestone in understanding the jurisdiction of the Court of Auditors and the methods of appealing its decisions. It is essential that individuals involved in accounting procedures fully comprehend the implications of the various rulings and the importance of adequate defense in the process. The ruling clarifies that the failure to appeal a decision of dismissal on the merits may result in the impossibility of appealing to the Court of Cassation, thus limiting the possibilities of protecting rights.

Bianucci Law Firm