With the ordinance n. 19101/2020, published on 15 September 2020, the Court of Cassation it again ruled on the controversial issue concerning the identification of the public or private subject obliged to answer for the damages caused by the collision between motor vehicles and wild animals suddenly crossing the roadway. In the case examined, a motorist sued the Region asking the Justice of the Peace to sentence her to pay compensation for the damage suffered from his car following a collision with a wild boar on a state road.
In forming itself in the trial, the Region pleaded its own passive legitimacy by indicating the Province as the responsible subject without, however, exercising the action of recourse with the request for his call into question. The Judge, at the request of the plaintiff, authorized the call into question of the Provincial Administration. The Justice of the Peace accepted the plaintiff's request, condemning only the Region to pay damages in favor of the latter, which appealed against the sentence of first instance.
The Court rejected the appeal, thus confirming the decision of the Justice of the Peace. 2. the Region, as holder of the regulatory competence in matters of wildlife heritage, as well as the administrative functions of planning, coordination and control of wildlife protection and management activities, even if carried out - by delegation or on the basis of powers they directly hold - from other entities, is the legitimated person in the actions for compensation for damage caused by wild animals pursuant to art. 2052 cc (news. ufficioandreani.it).