The Council of State ruled with a decree on the appeal brought by operators for a VLT lounge in Prato represented and defended by lawyers Cino Benelli (in the picture), Matilde Tariciotti, against the Municipality of Prato and the Prato Police Headquarters, for the reform of the precautionary order of the Regional Administrative Court for Tuscany.
The Council of State accepted the precautionary request, allowing the reopening of the VLT room.
“Considering – we read in the ordinance – that article 56 of the code. proc. adm. provides that monocratic precautionary measures can be adopted exclusively «in cases of extreme gravity and urgency, such as not to even allow the deferral until the date of the council chamber», council chamber which, in this case, is the one that is established in the device; which, pursuant to art. 98 code proc. adm., the judge of the appeal may, upon request of a party, having assessed the reasons proposed and if serious and irreparable damage could result from the execution, order the suspension of the enforceability of the contested sentence, as well as other appropriate precautionary measures; that the presidential concession of a monocratic precautionary measure of unprecedented urgency presupposes - in point of periculum in mora – the actual existence of a situation with serious, irreversible and irreparable effects, i.e. such that it is not possible to wait even for the short dilatory period that must elapse between the filing of the appeal and the council chamber in which the ordinary collegial examination must take place on the precautionary application; that, in the case in question, having been inhibited from carrying out the economic activity carried out by the appellant, following an overall balancing of the interests underlying the administrative matter in question, the conditions exist for the acceptance of the monocratic precautionary request in order to keep the factual situation unchanged until the collegial decision of the proposed precautionary application.
PQM
- accepts the request for the granting of monocratic precautionary measures and, as a result, without prejudice to any assessment by the Board of procedure and merit, suspends the effectiveness of the measures challenged in first instance until the outcome of the council chamber;
- sets the council chamber on 11 April 2024".
