The Council of State (Third Section) issued an order on the appeal of two operators, represented and defended by the lawyer Luke Jacob (Studio Giacobbe & Associati), against the Municipality of San Calogero, for the reform of the precautionary order of the Regional Administrative Court for Calabria.
“Noted – we read in the sentence – that the regulations referred to in regional law no. 9/2018 - which applies to the present case - presents aspects of questionability in terms of a systematic reading of paragraphs 3 and 13 of the art. 16 with reference to the extendibility of distance limits to betting shops without gaming machines;
Considered that, in balancing the opposing interests, the appellant's precautionary needs can be adequately satisfied by achieving a
requests a definition on the merits that settles the decision-making issue of the dispute; Estimated to be fair to compensate for the costs of the precautionary accident.
PQM
The Council of State in jurisdiction (Third Section) accepts the appeal (Appeal number: 731/2024) for the purposes of promptly scheduling the hearing on the merits. Orders that this order be forwarded to the TAR by the secretariat for the prompt setting of the hearing on the merits pursuant to art. 55, paragraph 10, cod. proc. adm.
Expenses compensated".
e
of the precautionary order of the Regional Administrative Court for Calabria (First Section) n. 9/2024, published on 12 January 2024, taken in the context of the judgment RG 1850/2023.
