Compensation for the loss of a grandfather: recognised even without cohabitation

The principle stated in an earlier judgment of the Court of Cassation, no. 4253/2012, which regarded cohabitation as an "essential condition for the recognition of the damage", is thus superseded. According to the Court of Cassation now cited, "that relationship was dictated by the need to avoid the danger of an unjustified expansion of secondary victims; it is, however, possible to prove in concrete terms the existence of constant relations characterised by mutual affection and solidarity with the deceased relative".

The Joint Divisions (see judgments nos. 8827/2003, 8828/2003 and 26972/2008) had already underlined that "the death of a relative injures the inviolable rights of the person and, as such, rights not confined to the so-called 'nuclear family', centred on spouse, parents and children. The civil-law provisions (Articles 75, 76 and 317-bis of the Civil Code) recognise between grandparents and grandchildren a close bond of kinship, of rights, duties and powers, significant relations between grandparents and minor grandchildren, with the possibility for them to apply to the court where the exercise of that right is prevented".