The decisions of SS.UU. of Corte di Cassazione n. 1265/18, 1266/18 and 1267/18 state about the application and presuppositions of Compensatio lucri cum damno, fixing the principle of not-cumulability between compensation and other allowances paid for unlawful and stating that, for the purpose of identifying the computable adavantage it is necessary that the advantage is causally acted upon as a removal’s function of the unlawful’s effect.

The criterion to use for estabilishing the operation of the Compensatio Lucri is determined by the investigation of the function performed by the attribution of assets, whether or not related to the compensation and if once again to restore the status quo ante of the refusal.

When damaged is holder of two rights (compensation and indemnification) coming from two different sources that must be considered competitors in reason of their restoration of damaged’s heritage, Compensatio lucri cum damno operates. It is specified that not all the benefits achieved “on the occasion” of harmful event may be susceptible of Compensatio lucri cum damno, in fact is necessary to distinguish between benefits obtained in compliance with the law or the contract, against which compensation can operate, and benefits of pure fact (donation, heredity) against compensation doesn’t work.