Town Planning and Public Works Contract, Executive Phase of Public Works Concessions, Civil Cassation, First Section, Interim Ordinance no. 8054 of 03/21/2023

Articles 33 and 34 of Legislative Decree 31 March 1998, n. 80, as well as of the art. 31-bis of law no. 109 of 1994.

Urban planning and public works contracts – Distinctive principles – Executive phase of public works concessions – Request for compensation for higher costs – Jurisdiction – Identification.

The First Civil Section has ordered, pursuant to art. 374, paragraph 1, of the Code of Civil Procedure, the transmission of the appeal to the First President for the possible assignment to the United Sections of the following question relating to the division of jurisdiction – in the light of articles 33 and 34 of Legislative Decree 31 March 1998, n. 80, as well as of the art. 31-bis of law no. 109 of 1994 – with regard to the distinguishing criteria between urban planning matters and public works contracts and, in particular, on the traceability to the latter matter of the executive phase of public works concessions, for which a claim for compensation for damages connected to the ‘registration of reserves for the higher charges connected to the anomalous progress of the works and, therefore, deriving from the non-fulfilment of contractual obligations already undertaken with an original agreement, rather than from the delay in the adoption of deeds involving the exercise of discretionary powers of the grantor .

Source Supreme Court of Cassation