In a case pending before the Court of Rome, the manager, assisted by the lawyer. Maximilian Ariano (in the photo), opposed the payment order made by the dealer for the amount of approximately €. 40.000. The judge held the case for a decision, granting the parties a deadline to file final statements and replies.
Lifting the reservation, the Court thus ordered «Having read the deeds and documents of the case; having read the conclusions of the parties; considering that a judgment is pending before the Security Council which affects today's proceedings; melius re compensates, puts the case back on the roll and orders the suspension of the judgment pending the ruling of the Council of Justice".
In the opinion of the lawyer. Ariano, having avoided condemning the Manager to pay the LDS fee, the Court of Rome, by virtue of the aforementioned provision, "rightly guaranteed the Manager a full and complete exercise of its right of defense by postponing the final decision of the ongoing trial once that the Council of State will have ruled on the alleged incompatibility of the 2015 LdS with EU law".
The lawyer Ariano highlights that "the solution adopted by the Court of Rome is the one that best protects the right of defense, not only of the Manager, but also of the Concessionaire, allowing the entry into the civil proceedings of all the assessments and considerations that the CdS will carry out in order to the merit or otherwise of the economic measure in question, thus expanding the range of defensive arguments that can be used by both parties for the purposes of a correct and complete investigation of the much discussed forced withdrawal".
