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[:it]The denied transport of disabled persons. The Marche Regional Administrative Court recognises the moral damage[:]

[:it]The Marche Regional Administrative Court recognised the moral damage to the family of a disabled girl who had been denied the school transport service.

On 11.1.2013, the TAR Marche, with the Judgment No. 32/2013on the subject of existential damage, clarifying certain aspects relating to the configurability and quantification of damage in the case of denied transport of disabled personby the P.A.

The present case, indeed, saw a handicapped girl, which was deniedfor a certain period of time, the school transport service by the Municipality of Cartoceto.

The Regional Administrative Court (TAR) upheld the family's appeal against the municipality, which had not only failed to act on the parents' requests, but had only maintained an unjustified silence.

Specifically, the TAR notes that the damage suffered by the family was, in fact, derived from the unjustified delay with which the municipality took action in order to guarantee the operation of the service to the disabled person. The compensation due under Article 2-bis of Law No 241/1990 took the form of 'apparatus fault' dhe municipality.

Regarding, on the other hand, the existence of a nexus of causality between the inefficiency and the damage to family membersthe Judge recognised a prejudice of a moral and psychological nature, caused to the parent of a disabled child, who is denied a legally required care service solely for bureaucratic reasons, the family itself having to make up for the inefficiency.

Lastly, the Regional Administrative Court rejected the plaintiff's claims for compensation for existential damage, given the brevity and transience of the damage caused and the absence of any evidence of a deterioration in school performance due to repeated absences.

 

 

 

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