Legal Challenge Against the Workplace Green Pass
23 September 2021 · Admin
-- The legal challenge has been lodged with the court! (see video at the bottom of the page)
REGISTRATION IS CLOSED: IT IS NO LONGER POSSIBLE TO JOIN --
STAGES OF THE LEGAL CHALLENGE AND UPDATES
First-instance proceedings 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
Official documents:
The first hearing took place on 20 September 2022; on that occasion, Judge Canonaco adjourned the case for final argument to 3 May 2023, giving the parties a deadline of 4 April 2023 to file written submissions.
The impression is that the Court of Rome, like other courts in various proceedings, wishes to await the decision on the constitutional challenges to the vaccination mandates, which will be argued before the Constitutional Court on 29 November. We remind you that the timeline and conduct of the proceedings are entirely in the hands of the court, and counsel can in no way influence them.
On 3 May 2023, the hearing for oral argument on the application was held 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. Among the points addressed were, in particular, the recent judgments of the Constitutional Court, which Avv. Fusillo criticised extensively, whilst stressing the centrality of the issues of European and international law (breach of the Charter of Fundamental Rights of the European Union 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 following the filing of the documents.
By order of 29 July 2023, the Court dismissed our claim. This is a decision with an overtly political flavour. While confirming the admissibility of the collective action and assessing legal costs at €14,986.80 (fees of €13,032.00 plus 15% general expenses of €1,954.80), which will be borne by Avv. Fusillo so that the claimants will incur no expense, the Court merely repeated the Constitutional Court's arguments without examining the merits of the arguments we had raised. It is readily apparent that the Constitutional Court's arguments regarding mandatory vaccination were not applicable to the completely different context of the Green Pass. Furthermore, the Court held the Charter of Fundamental Rights and the principle of healthcare self-determination contained in Article 3 thereof to be inapplicable to the Green Pass, failing to take into account 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.
Regarding participation in the appeal, with the deadline expiring on 27 September 2023, a newsletter was sent to all claimants asking for confirmation of their intention to proceed with the appeal. Uptake was very high, and we thank all those who recognised the importance of this collective action.
Documents relating to the legal challenge:
Appellate proceedings – Court of Appeal of Rome, Section I – RG 4477/2023
The notice of appeal was duly served and entered on the register. The Court of Appeal scheduled the first hearing for 25 January 2024. This was conducted by written procedure, namely through the filing of written notes by the parties' counsel. Following the hearing, the Court adjourned the oral argument of the case to the hearing on 20 June 2024, setting a deadline for the parties of ten days prior to the hearing to file written submissions.
The Court of Appeal of Rome has just communicated the adjournment of the hearing for oral argument on our appeal to 3 July 2025. The text of the order can be read at this link. The Court of Appeal of Rome has issued a decree by which it adjourns the oral argument of the appeal to 25 June 2026. The reasons for the adjournment are: - the number of parties involved, the complexity of the issues raised, - the workload of the reporting judge and the existence of older cases that take precedence. Below, among the documents, is the link to the final submissions filed for the appellants (the State Legal Advisory Service filed nothing) and to the decree adjourning the case.
Unfortunately, this is the state of the Italian justice 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 collective legal challenge against the Green Pass (damages for 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 regarding the adjournment of the hearing.
On 25 June 2026, the hearing for oral argument on the claim took place. The hearing was ordered to proceed in written form ("cartolare"), that is, without the appearance of counsel and through the exchange of written notes. Following this, the Court of Appeal reserved judgment, and we are now awaiting the filing of the judgment.
Documents from the appellate proceedings
Defence of the State Legal Advisory Service
Final submissions for the appellants