The manager is entitled to compensation for loss of chance if the company does not assign him objectives to be achieved
The pecuniary damage is linked to the possibility of obtaining an economic advantage according to an evaluation to be carried out ex ante. The manager is entitled to compensation for loss of chance if the company has not assigned him the objectives to be achieved. The damage, of a patrimonial nature, does not consist of the loss of an economic advantage but in the mere possibility of achieving it according to an evaluation to be carried out ex ante. This was reiterated by the work section of the Supreme Court with sentence 2293 of January 30 which rejected the appeal of a company under extraordinary administration. The court had admitted to the liabilities various receivables claimed by a manager and a sum by way of compensation for the damage awarded to him for the non-assignment of the objectives over a two-year period.
Furthermore, the Court of Cassation continued, the loss of chance financial damages are non-current, but future damage, consisting of the loss not of an economic advantage, but the mere possibility of achieving it, according to an assessment to be brought back to the moment in which the wrongdoing behaviour affected this possibility in terms of its harmful potential.
The Court of Cassation concluded, as established in the present case, it consists of a concrete and effective lost opportunity to achieve a particular asset, not in mere factual expectation, but in a separate equity entity, legally and economically, which is subject to independent assessment, which must take into account the projection on the subject’s sphere of assets