La responsabilità dell’ente territoriale per l’abusiva direzione e coordinamento di società in house

Abstract

The judgement in question addresses the issue of the responsibility of the public authority for the illegal management and coordination activity of an in-house company, pursuant to Article 2497 of the Italian Civil Code. Although coherent with the most recent trend of the jurisprudence of merit and legitimacy - and, therefore, not particularly innovative as regards the (shareable) conclusions -, the judgement is remarkable in the current jurisprudential landscape, because it reviews all the main interpretative problems relating to the applicability of the above mentioned Article 2497 to in-house companies, also showing some peculiarities in defining the criterion for quantifying the damage deriving from the illegitimate activity of the local authority.