The Regional Administrative Court, with an order dated 29 April 2024, accepted the request for suspension of payment of the contested fine to Top Ads for the violation of the ban on gambling advertising "limited to the ordered payment of the fine, without prejudice to the effectiveness of the provision relating to the order to remove the illicit content".

The TAR therefore set a public hearing for 25 September 2024 for the discussion of the merits of the appeal.

ITALIAN REPUBLIC

The Regional Administrative Court for Lazio

(Section Four)

pronounced the present

ORDER

on the appeal general register number 3966 of 2024, proposed by Top Ads Ltd., in the person of the legal representative pro tempore,
represented and defended by the lawyers Alfredo Gualtieri, Ottavio Porto,
with digital domicile as per PEC from Justice Registries;

against

– Authority for communications guarantees, in the person of the legal representative pro tempore, represented and defended by the State Attorney General, domiciled ex lege in Rome, via dei Portoghesi, 12;

towards

– La Gazzetta dello Sport Publishing Company A RL,
Sportitalia Limited Liability Amateur Sports Society,
not appearing in court;

for cancellation

after suspension of effectiveness,

– of resolution no. 37/24/CONS of 6 February 2024,
notified on the following 16th, with which the Guarantees Authority
in Communications - AGCOM issued an injunction order in
against the company Top Ads Ltd, for the violation of
regulatory provision contained in the art. 9, paragraph 1, of the legislative decree
12 July 2018, n. 87 converted with law 9 August 2018, n. 96, with
administrative fine of €1.595.841,72, in addition to costs of
removal on sites.

Given the appeal and its annexes;

Having seen the act of appearance in court of the requested Authority;

Having seen the request for suspension of the execution of the
contested provision, presented incidentally by the party
recurring;

Given the art. 55 cod. proc. amm .;

Having seen all the acts of the case;

Withholding its own jurisdiction and competence;

Speaker in the council chamber on the 24th
April 2024 Dr. Giuseppe Bianchi and having heard the defenders on each side
as specified in the minutes;

Considered to exist periculum in mora,
taking into account that the large amount of the fine imposed is
likely to cause irreparable effects on the person
recurring;

Considered, in balancing the opposing interests,
to accept the request for suspension limited to the injunction
payment of the fine, without prejudice to the effectiveness of the measure
in relation to the order to remove illegal content;

Considered to set the public hearing on the merits of the dispute for September 25, 2024;

Considered that the conditions exist for the compensation of litigation costs in this phase;

PQM

The Regional Administrative Court for Lazio (Fourth Section) provides as follows:

– partially accepts the precautionary request and, for
the effect, suspends the execution of the contested provision, within the limits
of which in motivation;

– sets the public hearing for 25 September 2024 for the discussion of the merits of the appeal.

Compensated expenses.

Thus decided in Rome in the council chamber on 24 April 2024 with the intervention of the magistrates:

Roberto Politi, President

Marianna Scali, Referendary

Giuseppe Bianchi, Referendary, Drafter