Addiction and business competence for the employee who works with the PC
Supreme Court of Cassation Sixth Section
Ordinance 15 July 2013, n. 17347
According to what can be read in the sentence which is reported below (n. 17347 of 2013) the Sixth Civil Section established that there is the "company dependency to which the worker is employed" even in the residence of the latter since the use of such work tools, even when the employee is at home, distinguishes him from para-subordinate workers referred to in Article 414 of the Code of Civil Procedure, No. 3.
This differentiation is especially important in order to identify the place of the competent court since in the last case described this is identified by referring to the worker's domicile, without any need for the work activity to be carried out in this place.
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
SIXTH CIVIL SECTION
SUBSECTION L
Composed of the Distinguished Magistrates:
Dr. LA THIRD Maura – President –
Dr. CURZIO Pietro – rel. Adviser –
Dr. FILABOZZI Antonio – Director –
Dr. TRIA Lucia – Director –
Dr. MANCINO Rossana – Advisor –
said the following:
order
on the appeal 18550/2012 proposed by:
AF, electively domiciled in ROME, ... , represented and defended by the lawyer CIANFLONE Francesco, just special mandate for the disputes at the bottom of the appeal for regulation of competence;
– applicant –
against
SPA MALESCI ISTITUTO FARMACOBIOLOGICO in the person of its pro tempore legal representative, electively domiciled in ROME, VIALE REGINA MARGHERITA 294, at the office of the lawyer VALLEFUOCO ANGELO, represented and defended by the lawyer TARTAGLIONE Luca, proper proxy on the sidelines of the defense brief;
– resistant –
against the order RG 2524/2010 of the LOCRI COURT, filed on 06/15/2012;
having heard the report of the case carried out in chambers on 04/04/2013 by the Reporting Adviser, Dr. PIETRO CURZIO;
for the appellant, only the lawyer Francesco Cianflone is present for the defendant, only the lawyer Caterina Giuffrida is present (by proxy, lawyer Luca Tartaglione).
The Attorney General in the person of Dr. IGNAZIO PATRONE is present.
