Ex-resident doctors, Consulcesi: “Historic ruling from the EU Court of Justice”

Historic ruling of the European Court of Justice on the affair of former resident doctors. According to Consulcesi, the sentence “fully recognizing the legal principle that has always been supported by our pool of resolving the jurisprudential dispute determined before the Court of Cassation, the Strasbourg judges confirmed the right to adequate remuneration for doctors enrolled before 1982 in the course of specialization and the consequent reimbursement for damages “. “The sentence in question therefore creates the legal conditions for a new orientation of the national courts called upon to pronounce themselves in the cases caused by the failure of the Italian State to implement the EU directives on the matter – observes Consulcesi – As you will remember, there are hundreds of thousands of doctors who specialized between 1978 and 2006 without adequate remuneration and, thanks to the work of the Consulcesi lawyers, over 600 million euros have already been recognized in their favor with spending on public funds now destined to rise up to several billion euros “. “The European Court – comments the lawyer Marco Tortorella, litigation specialist – has confirmed the orientation we have always supported and which, moreover, had already been preferred by the United Sections and the European Commission: even those registered before 1982 are entitled adequate remuneration and, therefore, compensation for damages, obviously only in reference to the years of attendance starting from 1983 “. The lawyer then highlights a fundamental concept on the story of the former trainees: “This ruling will obviously also apply to all the other judgments in which it deals with matters relating to members before 1982”. it should be remembered the position taken by the European Commission which in the memoirs had also stated that the right to compensation for damage includes the emerging damage, the loss of profit, the interests (so-called compensatory: according to an appropriate rate and the additional losses that they can experience) . “According to the European Commission, the community rules (art. 288 Tfue and article 43 Tue) – continues the lawyer Tortorella – therefore in particular oppose a national provision such as that of article 11 paragraph 1, last sentence of law 370 of 1999 according to which the payment of interest and amounts for monetary revaluations is not given. “This, clearly, will lead to the provision of adequate compensation that can also lead to tripling the sums. What has been stated by the European Commission may also affect the issue of the expiry of the limitation period, given that Law 370 of 1999, deemed to be in contrast with Community regulations, had up to now been considered by the Cassation as a starting deadline of ten years. “In light of these important innovations, in the still pending judgments the Italian Courts will insist – highlights Consulcesi – with greater force that the question on the amount of compensation, on the revaluation and interests, as well as on the statute of limitations be remitted before the European Court of Justice so that the latter – even on these issues – decides on the correct application of Community rules “. In the wake of the important confirmations coming from the European Court, the Consulcesi lawyers invite “medical specialists to pursue disputes with ever greater force and conviction to avoid losing the chance to assert their rights. Do not give up in pursuing the law. own legal action thus claiming one’s rights, it is possible by contacting 800.122.777 or directly through the website www.consulcesi.it “, concludes Consulcesi.