Judgment No. 20348 of 2024: Municipality's Liability for Inadequate Maintenance of Judicial Office

The judgment No. 20348 of July 23, 2024, by the Court of Cassation addresses a highly relevant issue in the field of civil liability, particularly concerning damages caused by inadequate maintenance of judicial offices. This decision provides significant insights into understanding the responsibilities of municipalities regarding the custody and maintenance of public buildings, including judicial ones.

The Case and the Judgment

In this case, the Court confirmed the liability of the municipality where a judicial office is located for damages suffered by an employee of a cleaning service contractor. The employee was seriously injured due to a security window that detached from its frame during the airing of the premises. The Court recognized that, based on Law No. 392 of 1941, the municipality has the obligation to ensure the maintenance and cleaning of public buildings, and is therefore the legitimate party in compensation actions.

Inadequate maintenance of judicial office - Compensation action for damages occurring between 1/1/1941 and 30/8/2015 - Municipality's passive legitimacy - Case law. The municipality where the judicial office is located is the legitimate party in the action for compensation for damages caused by inadequate maintenance of a judicial office, occurring between 1/1/1941 and 30/8/2015, being burdened with the obligation of maintenance and cleaning under Articles 1, 2, and 3 of Law No. 392 of 1941. (In this case, the Supreme Court upheld the decision of the lower courts, which had recognized the municipality's liability for damages suffered on 27/2/2002 by an employee of the contractor for the tribunal's cleaning service, who, while airing the premises of the basement, was struck by a security window that, having become detached from its frame, fell violently on him, causing serious injuries).

Reference Norms

The Court's decision is based on specific normative provisions, particularly:

  • Article 1 of Law No. 392 of 1941, which establishes the obligation for the maintenance of public buildings;
  • Article 2 of the same law, which further clarifies the duties of local authorities;
  • Article 3, which highlights the importance of cleanliness and safety in public offices.

These norms outline a clear legal framework in which municipalities are required to ensure not only ordinary maintenance but also the safety of buildings, thereby preventing potential harm to third parties.

Conclusions

Judgment No. 20348 of 2024 represents an important step forward in defining the responsibility of municipalities concerning the maintenance of judicial offices. It emphasizes how essential it is for public institutions to ensure the safety and functionality of buildings, so that similar situations do not recur. The liability for damages caused by inadequate working conditions cannot be underestimated, and this ruling by the Court of Cassation offers important guidance for the future, both for citizens and public administrations.

Bianucci Law Firm