Duty of care on the part of the delegating natural person in the context of functional proxy in environmental matters Hints on Criminal Court of Cassation, sec. III, May 27, 2020 (hearing of February 12, 2020), No. 15941 (Pres. Izzo, Rel. Reynaud)

The Third Chamber, with regards to waste disposal issues, reaffirms the case law according to which there is a duty of “high” care on the part of the delegating natural person. The aim of this article is to analyze the proper nature of the duty of care, in between affirmed principles in case law and some doubts. From this perspective, the judgment, even if implementing a proper approach to the subject, seems to miss the opportunity to resolve some topical issues.