Italian Supreme Court labor and consumer rulings

The Italian Supreme Court (Corte di Cassazione) has issued several rulings affecting labor rights and consumer protection.

In labor law, the Court ruled that employees reinstated by an initial court order are not required to return wages earned during the reinstatement period, even if a subsequent appellate decision later validates their original dismissal, provided the employer exercised managerial powers during that time. Additionally, the Court addressed the classification of professional consultants, determining that holding a VAT number and issuing invoices does not automatically prove an autonomous relationship. If a professional is permanently integrated into a company’s organization and reports to leadership, the relationship may be reclassified as subordinate employment.

Regarding consumer protection, the Court established that smartphone manufacturers can be held liable for damages stemming from “simple fear” of health risks, provided that fear results in legally relevant psychological distress. The ruling mandates that manufacturers provide updated information on radiofrequency exposure to allow for informed usage, even without absolute scientific certainty.