Newsletter | IP 21/05/2024

The judgment No. 7178 of 18 March 2024 by the Italian Supreme Court upheld the appeal of a software developer against the ASL of Palermo for unjust enrichment, as he had created two software programs without being compensated for this work. The Italian Supreme Court specified that this action, rarely used, can serve as a remedy in cases where the contract underlying the creation of the intellectual work is null due to the lack of the written form required in dealings with public administration, overturning the previous decision of the Court of Appeal.
Chiomenti's Professionals analyzed the Court's decision to admit the action for unjust enrichment, allowing the judge to equitably determine the compensation for the costs and efforts incurred by the developer.