The Council of State, with an order dated 15 September 2023, rejected the precautionary request of an operator for the reform of the TAR ruling regarding the application of minimum distances to gaming establishments.
For the CdS “under the profile of prima, on the basis of the investigations carried out by the inspector in the first degree proceedings, it is sufficiently proven that the complained of expulsion effect did not materialize against the appellant today (there do not appear to be first faction the deductions are appreciable, according to which the inspector erroneously concentrated the results of the checks carried out regarding the relocation of legal gaming activities on only part of the urbanized territory, rather than on the entire municipal territory; moreover, the appellant company states that the relocation of the business is not commercially attractive from here in an area outside the town centre);
b) in terms of danger, no provision appears to have been adopted by the Municipality which provides for the immediate closure of the business managed by the appellant company."
