The Supreme Court has, in fact, stated that the confidentiality clause does not preclude the exercise of the right of criticism.
A coach of a well-known football team was "exonerated" after making statements to the press criticizing the statements of his CEO published in a newspaper a few days earlier.
The Court of Milan, appealed by the worker, considering the illegitimacy of the withdrawal from the collaboration relationship, condemned the company to compensation for damages with a sentence partially reformed by the Court of Appeal which remodulated the amount of compensation for damages.
The Court of Cassation with sentence no. 30087 of 21 November 2024, in rejecting the appeal of the sports club, held that the confidentiality clause on information relating to the club did not preclude the right of criticism which - as noted by the Court of Appeal of Milan, had been expressed in compliance with the principles of formal and substantial continence without disclosing any confidential information.
Lawyer Nicoletta Di Lolli