The Pomigliano agreement is "legitimate" but Fiat has implemented an "anti-union conduct" in violation of art. 28 of the Workers' Statute: this is stated by the sentence of the Court of Turin, following the appeal by Fiom-Cgil against Fabbrica Italia-Pomigliano, the newco created by Fiat as part of the company's relaunch plan. Consequently, the agreement is valid but Fiat cannot exclude Fiom from factory representation.
With the ruling, Judge Vincenzo Ciocchetti declared the conduct of Fiat Spa, Fiat Group Automobiles and Fabbrica Italia Pomigliano Spa to be "anti-union" because it led to the ousting of Fiom-Cgil from the Campania production site, because it had refused to sign the agreement , then inciting workers to vote "no" in the referendum organized by the company.
