Updates on the MULTI-PARTY CLAIMS
26 September 2022 · Admin
Note: these are “multi-party claims”, i.e. claims involving multiple persons making the same application in the same proceedings; they are not “class actions”.
In accordance with the law, invoices have been issued electronically and each claimant can find them in their personal tax drawer (provided it has been properly configured for reception, storage and consultation)
1 - GREEN PASS CLAIM: WORK, SCHOOL AND UNIVERSITY
Official page with detailed information: Work – School and University
First-instance proceedings are before the Court of Rome, Section II
General register number: RG 10702/2022
First hearing: 20 September 2022 adjourned for oral argument to 3 May 2023
Deadline for final written submissions: 4.04.2023
These proceedings are ongoing.
Official documents:
The first hearing took place on 20 September 2022, at which Judge Canonaco decided to adjourn the entire matter to a subsequent final hearing for oral argument scheduled for 3 May 2023, following the filing of final written submissions on 4 April 2023.
The impression is that the Court of Rome, like other courts in various proceedings, wishes to await the ruling on the constitutional challenges to mandatory vaccination that will be heard before the Constitutional Court on 29 November. Please note that the timing and conduct of proceedings are entirely in the hands of the court, and counsel cannot influence them in any way.
On 3 May 2023, the hearing for oral argument of the claim took place before the Court of Rome. Counsel for the parties (Avv. Fusillo for the claimants and interveners, and the representative of the State Legal Advisory Service for the Presidency of the Council of Ministers) argued their respective positions. Points addressed included, in particular, the recent rulings of the Constitutional Court, which Avv. Fusillo criticised extensively, whilst emphasising the centrality of issues of European and international law (breach of the Charter of Fundamental Rights of the EU and the Oviedo Convention) that were not addressed by the Constitutional Court. The parties filed several documents in hard copy, and the judge reserved judgment on 12 June.
The order in which, regrettably, the Court dismissed our claim has been filed. This is a decision with an overtly political character. Whilst confirming the admissibility of the multi-party claim and assessing legal costs at €14,986.80 (fees of €13,032.00 plus 15% statutory general expenses amounting to €1,954.80), ordered against Avv. Fusillo so that the claimants will incur no expense, the Court merely repeated the arguments of the Constitutional Court without entering into the merits of the arguments we had raised. It is evident that the Constitutional Court's reasoning on mandatory vaccination was not applicable to the entirely different context of the green pass. Furthermore, the Court deemed the Charter of Fundamental Rights and the principle of bodily autonomy in healthcare set out in Article 3 thereof inapplicable to the green pass, disregarding the fact that EU Regulation 953/2021 expressly obliges Member States to comply with the Charter.
An order manifestly flawed in law and, therefore, appealable on very strong grounds.
The deadline for appeal expires on 27 September. In the coming days, a newsletter will be sent to all participants in the multi-party claim asking who wishes to join the appeal and who does not. Please await the email and notify us of your decision to take part or not by following the instructions in the email.
Claim documents:
Appeal proceedings - Rome Court of Appeal, Section I - RG 4477/2023
The notice of appeal was served and filed within the prescribed time limits. The Court of Appeal scheduled the first hearing for 25 January 2024. This was held in written form, namely through the filing of written notes by counsel for the parties. Following the hearing, the court adjourned the case for oral argument to the hearing of 20 June 2024, granting the parties a deadline of ten days prior to the hearing to file written submissions.
The Rome Court of Appeal has just communicated the adjournment of the hearing for oral argument of our appeal to 3 July 2025. The text of the order can be read at this link.
Regrettably, this is the state of the Italian judicial system. Citizens have no rights and their claims are heard if and when there is time. That such adjournments are standard practice is cold comfort. The multi-party claim against the green pass (compensation for damage arising from unlawful exercise of legislative powers) retains all its importance. We will press ahead in asserting inviolable individual rights. By clicking here you can watch an update video on the adjournment of the hearing.
Subsequently, the appeal proceedings were adjourned to the hearing for oral argument on 25 June 2026. This was a paper-based hearing, not in person, but via the exchange of written notes. On 25 June 2026, the Rome Court of Appeal reserved judgment, and we are now awaiting the decision.
Documents from the appeal proceedings
State Legal Advisory Service's statement of defence
2 - HEALTHCARE WORKERS' CLAIM
Official page with detailed information
First instance: Court of Rome, Section II
Judge Canonaco
General register number: RG 33725/2021
Hearing: 23 June 2021
Decision: order of 20 July 2021
These proceedings are concluded.
Official documents:
- Counterparty pleadings (i.e. the Government, the Ministry of Health and AIFA)
- Written submissions filed by Avv. Fusillo
The first hearing was held on 23 June 2021, and the order (commonly referred to as the “judgment”) was delivered on 20 July 2021 by Judge Canonaco. What is legally known as an interlocutory appeal (reclamo)—namely the challenging of the order—was immediately prepared, to be judged by a panel of three judges at the Court of Rome, Vacation Section.
Second instance: Interlocutory appeal (challenge to the order of 20 July 2021)
Court of Rome, Vacation Section
Judges: Presiding Judge Argan, Judge-Rapporteur Curatola, Judge Affinita
General register number: RG 48413/2021 to which proceedings No. 48414/2001 were joined
Hearing: 17 August 2021
Decision: panel order of 18 October 2021
These proceedings are concluded.
Official documents:
Having exhausted the stages of (interim) proceedings in Italy, we can apply to international courts, specifically the European Court of Human Rights (ECHR). Indeed, it is important to note that one cannot apply to the ECHR without having first exhausted domestic remedies before national courts.
The entire case file, comprising extensive documentation and thousands of hard-copy powers of attorney across a total of 32 lever-arch files, was submitted to the ECHR in early March 2022.
Application to the European Court of Human Rights (ECHR)
Judge: Alena Polackova
Application number: No. 15300/2022
Decision: 12 May 2022; Judge Alena Polackova declared the application inadmissible without providing specific reasons.
These proceedings are concluded.
All documentation can be viewed and downloaded from this page
Current status and next steps:
The healthcare workers' claim is concluded only in its interim phase; it continues, however, on the merits. The gathering of new joinders and the filing of the application to resume the case before the Rome Civil Court, updated to reflect the latest developments, are currently underway.
3 - GENERAL GREEN PASS CLAIM (non-workplace)
Official page with detailed information.
The interim proceedings are taking place before the Court of Rome, Section II
Judge: Judge Patruno
General register number: RG 55288/2021
Hearing: 24 November 2021
Decision: order of 13 December 2021
These proceedings are concluded.
Official documents:
The proceedings we initiated were interim proceedings, namely an urgent application or Article 700 application, as it is commonly known. The first hearing took place on 24 November 2021, and the order (commonly referred to as the “judgment”) was delivered by Judge Patruno on 13 December 2021.
Current status and next steps:
The next step following the interim stage is the resumption of proceedings on the merits. Given the progressive abolition of the green pass for access to various services and for social life, there is no benefit in resuming the proceedings now, as this would risk a decision of inadmissibility and/or dismissal.
We will do so as soon as, as we unfortunately fear, restrictions are reintroduced.
4 - MULTI-PARTY CLAIM ON ACCESS TO CARE HOMES (R.S.A.) (approx. 100 participants)
Official page with detailed information
First-instance proceedings are before the LAZIO REGIONAL ADMINISTRATIVE COURT (TAR), Section I
General register: RG 7424/2021
First hearing: 5 July 2022 adjourned to the hearing for oral argument of 11 January 2023
These proceedings are ongoing.
Official documents:
The claim challenges the measures requiring visitors to care homes (RSAs) and similar facilities to hold a green pass to enter. Legislative amendments introduced after the filing of the claim made it necessary to update the application with supplementary grounds, which led to the adjournment to the subsequent hearing.