Categories: Insights


29 Apr 2015

PENSIONS AND THE RULING OF THE COUNCIL OF STATE

With its ruling no. 70 of 30 April 2015, the Constitutional Court declared article 24, paragraph 25 of Italian Legislative Decree 201/2011 (so-called Manovra Salva-Italia), converted by Italian Law no. 214/2011 illegitimate, specifically the part which had frozen revaluation of pensions of amounts greater than 1,700 euro gross for the 2012-2013 two year period. According to the Court, with this provision, “the limits of reasonableness and proportionality have been crossed, with consequent detriment to the acquired right to a pension and with irreparable damage to the expectations legitimately held by the worker regarding retirement". Therefore affected retirees must be awarded a revaluation for the aforesaid period based on the original law. However, the day after this ruling, INPS (Italian Social Security) promptly explained with message no. 3135/2015 that any requests for re-establishment of pensions submitted for this purpose will not be granted for the time being, because of a lack of specific coverage as per article 81, paragraph 4, of the Italian Constitution. INPS has thus bought time and turned the problem over to the Government so it can adopt the appropriate legal initiatives. And an initial, although partial, prompt response from the Government did not fail to raise issues, particularly with trade unions. Last 18 May the Government gave the green light to a law decree on pensions, in an attempt to modify the obligations to reimburse the involved retirees. Specifically, in the decree published on 21 May 2015 in the Official Gazette and now waiting to be converted into law by the Parliament, a complete reimbursement is allowed for the lower pensions involved and a progressively decreasing one down to zero for pensions equal to 3,200 euro gross per month.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…