By order No. 37, of 23rd February 2018, the Constitutional Court declared the manifest inadmissibility of the issue of constitutional legitimacy of Article 1-bis Decree Law No. 103 of 6th July 2010, converted into law No. 127 of 4th August 2010, where it inserts Article 7-ter in the Legislative Decree No. 286 of 21st November 2005.

As previously mentioned, the issue of constitutional legitimacy of Article 7-ter had been raised by the Court of Grosseto by order of 3rd June 2016, for a suspected violation of Article 77, second paragraph, of the Constitution.

The issue had been referred to the Constitutional Court and the relevant hearing was held on 6th February.

By means of said order, the significance and importance of which are evident in road haulage for hire and reward, the Constitutional Court “saved” the direct action of the subcontracted carrier, which for the time being remains valid and effective in the Italian legal system.

Read the Court’s judgement: https://www.cortecostituzionale.it/actionPronuncia.do

(Dott. Federico Tassinarifederico.tassinari@studiozunarelli.com)

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