The Council of State accepted, by order, the appeal presented by a gaming operator - defended by lawyers Cino Benelli (pictured) and Matilde Tariciotti – against the Municipality of Prato, the Ministry of the Interior and the Police Headquarters of Prato, in which the reform of a previous ordinance of the Tuscany TAR was requested.
“Noting that – we read in the ordinance – the question relating to the attached necessity that the closure order issued by the Municipality must be preceded, as a prerequisite of legitimacy, by a self-protection provision on the authorization issued by the Police Headquarters also on the basis of the preliminary investigation contribution made by the Municipality in order to respect the distances from the so-called sensitive places, requires to be examined in depth by the TAR in the merit phase of the first degree judgement. Noting that, pending the resolution of the proceedings before the TAR, there is a risk of serious damage to the appellant, given that the adoption of the contested provision results in the impossibility of continuing the economic activity, with repercussions also of an employment nature. Having noted that the aforementioned needs for in-depth analysis of the law allow us to believe that there are exceptional reasons for ordering full compensation of the costs of this precautionary phase between all the parties involved. The Council of State, in the jurisdictional level (Fourth Section), accepts the appeal and, consequently, in reform of the contested order, accepts the precautionary request in first instance".
