14 years to obtain compensation for work-related injuries in clear violation of the constitutional principle of “reasonable duration of the trial”. This is what happened on the Vibo Valentia-Catanzaro axis, with the first instance case lasting 10 years before the Court of Vibo Valentia, Labor section.
The accident at work and the beginning of the lawsuit
A legal case that originated in 2009 when a school assistant, responsible for assisting a disabled pupil, suffered an accident at work due to the way in which she carried out her duties, which was carried out in violation of safety regulations. The worker then filed a lawsuit for compensation for damages against the Ministry of Education in February 2011 at the Court of Vibo.
The first degree: 10 years of waiting and an error of law
The trial was concluded at first instance only in September 2021 after 10 years. However, the judges did not enter into the merits of the matter, declaring the appeal inadmissible due to an alleged lack of passive legitimacy of the defendant Ministry of Education. According to the Court of Vibo, the lawsuit should have been brought against the individual school.
Overturning on appeal and the right to compensation
We then go to the Court of Appeal in Catanzaro which, accepting the arguments of the lawyer Carmine Pandullo, overturns everything in June 2025 by establishing – in line with the consolidated jurisprudence of the Cassation – that the passive legitimacy in labor disputes of school staff belongs precisely to the Ministry and not to the individual institution. The first instance ruling was therefore based on an error of law.
Towards compensation through the Pinto Law
Having recognized the damage to the worker (a decision which has only now become final), she is preparing to request – according to the Pinto Law – compensation for each year exceeding the reasonable duration of the trial, a principle enshrined in the Constitution and the European Convention on Human Rights.