We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
18 July 2017
A recent decision by the Supreme Court (Joint Divisions 16601/17 July 5 2017) provided an important clarification on punitive damages and public order.
The Supreme Court ruled that damages in tortious and contractual actions seek not only to restore the position of the damaged party as it was before the wrongful action or breach of contract, but also to serve as a punishment and deterrent.
Therefore, foreign awards on punitive damages can be enforced in Italy provided that they are rendered in accordance with rules (set forth by the relevant foreign legal system) ensuring the predictability of the award, even in terms of quantum.
This important decision was rendered on the basis of the following considerations:
While the Supreme Court decision should not lead to a general increase in the quantum of damages awardable by the Italian courts, third-party liability insurers should focus on policy wording to ensure that punitive damages are properly considered and handled.
For further information on this topic please contact David Maria Marino at DLA Piper Italy by telephone (+39 02 80 61 81) or email (firstname.lastname@example.org). The DLA Piper Italy website can be accessed at www.dlapiper.com.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.