Italian Supreme Court of Cassation, United Sections (Corte di Cassazione, Sezioni Unite), decision of 5 December 2023, No 33954 on Unjust Enrichment and Tort Law Claims – Subsidiarity Rule

Key Points

• The decision addresses the relationship between unjust enrichment claims and tort law under the subsidiarity rule.
• Legal analysis of the Italian Supreme Court's decision dated 5 December 2023.
• Interpretation of the subsidiarity rule in the context of unjust enrichment and tort law claims.
• Clarification of the applicability of unjust enrichment claims in tort law contexts.
• Establishment of legal precedents regarding the subsidiarity principle in Italian law.