Cassation court dismisses Ministry's appeal, confirming ordinary court jurisdiction over internal public service assignment disputes.
Sintesi Legislator
Generato dall'IAThe Supreme Court rejected the Ministry's appeal, upholding the Milan Court of Appeal's decision that ordinary courts have jurisdiction over the dispute. The Ministry argued that the selection process involved discretionary public powers regarding housing and service assignment, warranting administrative jurisdiction. However, the court found the procedure was merely an internal allocation of duties without altering the employee's rank or creating a new public service relationship. Consequently, the court ruled that the ordinary judge correctly exercised jurisdiction as the matter concerned the management of the employment relationship rather than a public power exercise.
Regesto Legislator
Generato dall'IAArt. 63, comma 4, d.lgs. n. 165/2001; In disputes concerning internal public service assignments that do not involve vertical career progression or the creation of a new public service relationship, ordinary court jurisdiction prevails over administrative jurisdiction.