Non-Pecuniary Damage The Italian Supreme Court expands the Role of the National Uniform Table (T.U.N.)

In judgment no. 8630 of 7 April 2026, the Third Civil Division of the Italian Supreme Court addressed the role of the National Uniform Table (T.U.N.) in assessing non-pecuniary damage resulting from personal injury, providing important clarification on its application to events predating its entry into force. The T.U.N., introduced by Presidential Decree no. 12/2025 pursuant to Article 138 of the Italian Private Insurance Code, applies directly to accidents occurring from 5 March 2025 onwards and governs, in particular, the assessment of serious personal injuries arising from road traffic accidents and medical liability.

The question before the Supreme Court arose from a preliminary reference by the Court of Milan in proceedings concerning a road traffic accident that occurred in 2021. The Court sought clarification as to whether damages should continue to be assessed on the basis of the Milan Tables (Tabelle di Milano) or whether the subsequently introduced T.U.N. could serve as the new reference standard. The Supreme Court clarified that, for events occurring before 5 March 2025, the T.U.N. does not apply directly or by analogy. It may, however, be used indirectly as a reference standard for the equitable assessment of damages entrusted to the courts pursuant to Articles 1226 and 2056 of the Italian Civil Code.

The significance of the decision extends beyond the T.U.N.’s direct scope of application. According to the Supreme Court, the T.U.N. may also serve as a reference for the assessment of damages in cases that do not formally fall within its scope and is therefore not limited to road traffic accidents and medical liability claims.

The T.U.N. is thus recognised as a key reference standard for ensuring greater consistency, predictability and equal treatment in the assessment of personal injury damages, reducing the previously central role of judicially developed tables, particularly those drawn up by the Milan Observatory on Civil Justice (Osservatorio sulla Giustizia civile di Milano). This does not, however, mean that the T.U.N. automatically applies to events predating its entry into force. Courts retain their discretion to assess damages equitably and may depart from the T.U.N., including by applying a different table, where justified by the circumstances of the individual case. Any such departure must, however, be supported by specific reasons, particularly where the subject matter of the case falls within an area governed by the T.U.N.

The judgment is therefore of considerable practical relevance both in court proceedings and in out-of-court negotiations concerning the assessment of damages. Even for events occurring before 5 March 2025, the T.U.N. is likely to represent an important reference standard for determining compensation, while the specific circumstances of each individual case must continue to be taken into account.

References: Italian Supreme Court, Third Civil Division, judgment of 7 April 2026, no. 8630; Presidential Decree of 13 January 2025, no. 12; Article 138 of the Italian Private Insurance Code; Articles 1226 and 2056 of the Italian Civil Code.​​​​​​​