(Jamma) The judges of the Third Section of the Council of State have accepted the appeal presented by the Ministry of the Interior for the annulment of the decision of the Brescia Tar regarding the time limits of a VLT room imposed by ordinance of the Municipality. The judges have in fact specified that “ the identification of the temporal extremes for the exercise of the game collection activity through video terminals it is configured as an essential element of the public safety provision that regulates the exercise of this activity and is an expression of the authorizing power attributed to the Police Chief". Hence the decision to refer the matter to the decision of the Lazio Regional Administrative Court.
ITALIAN REPUBLIC
The Council of State
in court (Section Three)
pronounced the present
ORDER
on the appeal number of the general register 6428 of 2013, proposed by the Ministry of the Interior, represented and defended by law by the Attorney General of the State, with domicile in Rome, via dei Portoghesi, 12;
against
xxxxx srl, represented and defended by the lawyers Paola Ramadori and Fiorenzo Bertuzzi, with address for service at the lawyer Paola Ramadori in Rome, via Marcello Prestinari, n. 13;
towards
Municipality of Gavardo, not appearing in court;
for the reform of the precautionary order of the LOMBARDY TAR – SEC. BRESCIA BRACKET: SECTION II n. 00282/2013, made between the parties, concerning the collection time for games through video terminals
Given the art. 62 cod. proc. amm;
Given the appeal and its annexes;
Having seen all the acts of the case;
Given the deed of appearance in court of xxxxxSrl;
Having regard to the contested precautionary order of the Regional Administrative Court accepting the precautionary request presented by the appellant at first instance;
Given the defense notes;
Speaker in the council chamber on 26 September 2013 was the councilor Bruno Rosario Polito and after hearing the parties the lawyer Ramadori and the state attorney Ferrante;
deemed:
– that the identification of the time limits for the exercise of game collection activity via video terminals is configured as an essential element of the public safety provision that regulates the exercise of said activity and is an expression of the authorization power attributed to the Police Headquarters;
- that, consequently, even in cases where said element is disputed - inseparable from the content of the provisional determination of the issue of the authorization - the knowledge of any profiles of illegitimacy is left to the functional competence of the TAR for Lazio, according to what established by art. 135, paragraph 1, lett. q c code proc. adm;
- that the question of constitutionality of the provision of territorial jurisdiction is not configured assisted by the requirement of not manifest groundlessness, if one considers the interests of particular public importance presided over by the questore control, which transversally involve the gaming and betting sector with prizes money, and the advisability of the reconciliation of the controversial issues, in the prudent appreciation of the legislator, in a single decision-making center for the whole national territory;
– that, in view of the foregoing, the objection of territorial incompetence of the Lombardy Regional Administrative Court, detached section of Brescia, formulated by the appellant Ministry must be accepted and, consequently, the appeal must be referred to the Lazio Regional Administrative Court for cognition;
PQM
The Council of State in the jurisdictional seat (Third Section), in reform of the contested order, accepts the ground of appeal relating to territorial jurisdiction and, as a result, declares the jurisdiction of the Lazio Regional Administrative Court for the decision of the appeal pursuant to the 'art. 135, paragraph 1, lett. q c code proc. adm.
Compensation between the parties for expenses and fees relating to this phase of the trial.
This ordinance will be carried out by the Administration and is filed with the secretariat of the Section which will notify the parties.
Thus decided in Rome in the council chamber on 26 September 2013 with the intervention of the magistrates:
Giuseppe Romeo, President
Bruno Rosario Polito, Councilor, Draftsman
Hadrian Simonetti, Director
Dante D'Alessio, Councilor
Silvestro Maria Russo, Director
