[Autom. eng. transl.] After nine years from the Stalteri case, the Court of Milan, using the broad reasoning of the 2009 Cassation decision, applies the art. 2050 in the case of production-marketing of cigarettes, granting damages to the heirs of the deceased smoker. The issue of smoke damage. The "Stalteri" case: the traceability of the production and marketing of cigarettes in the context of dangerous activities and the consequent application of extra-contractual protection pursuant to art. 2050 cc The lack of follow-up of the "Stalteri" decision in the subsequent merit case-law. The intervention of the Cassation in 2009 and the justification of the applicability of the art. 2050 cc in the event of smoke damage caused by misleading advertising. The decision in question: the responsibility of the State for "pre-1991" smoke damage (year of enforcement of the obligation for the cigarette producers of the so-called "warmings").
|Translated title of the contribution||[Autom. eng. transl.] Damage from smoking: the new Milanese jurisprudence|
|Number of pages||4|
|Journal||IL CORRIERE GIURIDICO|
|Publication status||Published - 2014|
- danni da fumo
- responsabilità civile