The ‘Mondadori’ ruling and Supreme Court’s renewed interest in concept of loss of chance

The judgment of the Court of Cassation of 17 September (no. 21255/2013, passed by the third division of the court) — which brought an end to the Mondadori affair — offers an opportunity for some reflections on the issue of damage due to loss of chance. As is known, the damage in question originated with the judgment of the Court of Appeal of Rome, which ruled that the arbitration award issued in the dispute between the Formenton family and Cir was null and void.

Once the reporting judge who gave the ruling against it had been found guilty of corruption, Cir appealed to the Court of Milan to claim damages for economic and non-economic loss suffered as a consequence of the judgment resulting from corruption.

The legal aspects of the affair can clearly be seen in the first-instance judgment of the Court of Milan in 2009, which established that compensation should be paid for ‘economic damage due to loss of chance resulting from an impartial judgment’…

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