NIUS Studio Legale, together with LegisLAB, advised Italtel S.p.A. and Open Fiber S.p.A. in a dispute concluded with a favourable ruling by the Milan Court, Civil Section V, which fully rejected the claims brought by a former executive against the two companies.
The judgment issued on 7 July 2026 (Judge Antonella Cozzi) dismissed the claim for more than €800,000 in alleged professional fees relating to numerous appointments as Health and Safety Coordinator during the design phase (CSP), carried out in connection with projects awarded by Open Fiber to Italtel.
Italtel was assisted by NIUS Studio Legale with lawyers Alessandro Paone and Marco Pati Clausi, while Open Fiber was advised by LegisLAB with lawyers Daniele Iorio and Francesco Campochiaro.
The ruling addresses a significant legal issue, for which no specific case law precedent existed, concerning the legal classification of Health and Safety Coordinator appointments within a complex industrial project and their potential independence from an executive employment relationship. The Court held that the appointment notices did not constitute separate professional engagements, but rather reflected statutory health and safety obligations and activities falling within the executive responsibilities assigned within the company’s organisational structure.
The decision provides relevant guidance for companies involved in major infrastructure projects and complex organisational environments, helping clarify the distinction between technical duties arising from professional qualifications and activities performed within the scope of an employment relationship.
