Risarcimento del danno, Commento sub art. 2600, Codice Civile Ipertestuale Commentato

For the condemnation of compensation for damages, for the exercise of conduct of unfair competition, reference must be made to the general conditions expressly sanctioned by art. 2043 of the civil code Therefore, in addition to the subjective assumption of guilt, the actual damage must exist - differently from what is necessary for the injunction - and the causal link between the unlawful behavior and the harmful event. The presumption iuris tantum, in relation to fault, expressly sanctioned by paragraph 3 of article 2600 of the Civil Code, which appears to be the only feature characterizing the distinction with the tort, is justified on the basis of the ''privileged'' regime granted from the legislator to the victim of torts in the field of competition.