Administrative, Covid-19 Pandemic, Inadequate Management and Organization of the National Health Service, Claim for Compensation, Exclusive Jurisdiction of the Administrative Judge, Supreme Court of Cassation, United Civil Sections, Order No. 1952 of January 29, 2026

Covid-19 Pandemic – Inadequate Management and Organization of the National Health System – Claim for Compensation by Family Members of “COVID Victims” Against the Public Administration – Exclusive Jurisdiction of the Administrative Court Pursuant to Art. 133, Paragraph 1, Letter c, of Legislative Decree No. 104 of 2010 – Existence – Basis.

Summary

The Joint Civil Sections, ruling in the Rules of Jurisdiction, have established that the following matters fall within the exclusive jurisdiction of the administrative court, pursuant to Art. 133, Paragraph 1, Letter c, of Legislative Decree No. 104 of 2010, the dispute brought by the families of “COVID victims” against the Presidency of the Council of Ministers, the Ministry of Health, and the Lombardy Region, aimed at obtaining compensation for non-pecuniary damages for the death of their relatives. The cause of action is based on the inefficiency of the performance of active administrative tasks within the National Health Service before and during the COVID-19 pandemic crisis (and, therefore, on conduct by the Public Administration related to the exercise of authoritative powers), without the alleged violation of fundamental rights being relevant, given the absence of legal sources that restrict, in their content, the exercise of such power.

Source: Supreme Court of Cassation