Infine una risolutiva parola dell’adunanza plenaria del Consiglio di Stato sull’onere del cittadino di impugnare l’atto amministrativo fonte di un danno ingiusto

Overcoming its previous case-law, the Consiglio di Stato in plenary session held that in an action for damages caused by the unlawful act of a public authority untimely challenged before the administrative Court, the omission of the claimant is relevant as far as the amount of damages is concerned: the Court shall not award damages which could have been avoided with a timely challenge of the administrative act. The timely filing of a challenge against unlawful acts is thus an onus of the damaged party based upon its duty of diligence, under Article 1227, comma 2, of the Civil Code.