Italian Supreme Court of Cassation, First Civil Section, No. 3842/2020, 15 February 2021

Discriminatory treatment through the adoption of an administrative act

art. 43 and art. 44 Legislative Decree 286 of 1998 
art. 4 and art. 5 Law. No. 2248 of 1865, All. E

The action against discrimination provided for by Article 44 of Legislative Decree 286 of 1998 may be brought even when the prejudicial conduct is implemented by a public body through the adoption of an administrative act; the ordinary judge may, in fact, disapply the act by taking the appropriate measures to remove its effects, without this entailing any interference in the exercise of administrative power.

(The Court upheld the appeal ruling that had declared discriminatory the Municipality's resolution, which had imposed a ban on camping in the municipal territory, immediately after some persons of Roma ethnicity had applied for the allocation of an area equipped for parking in the municipal territory).