The Civil Court of Rome, with an order dated 7 December 2023, reiterated the opportunity to await the developments of the proceedings before the Council of State concerning the issue relating to the 2015 Stability tax. The Council of State, in fact, following of the ruling rendered by the Court of Justice, will have to establish whether the tax is legitimate or not, precisely with reference to profiles of community incompatibility, as is known not excluded by the Luxembourg court. In relation to this, the Court of Rome, in proceedings of opposition to an injunction issued by a manager, assisted by lawyers Marco Ripamonti and Carlo Lepore, accepting the requests of the defenders themselves, deferred to any decision and expressed himself as follows: "..Considering that with provision dated 30.3.2022 the previous assignee of the case considered, although not recognizing the conditions for suspending the proceedings, the opportunity to await the outcome of the decision of the Council of State regarding the annulment of the ADM Decree of 15.1.2015 .18.4.2024; PQM postpones, for the remainder, to the hearing of XNUMX, reserving any decision for the outcome".
The lawyer Marco Ripamonti commented as follows: “Appropriate and timely decision. The decision of the Council of State, where in the direction of the community incompatibility of the well-known stability tax, will trigger not only mechanisms for the recovery of any amounts already paid, but will be decisive for the judgments still pending."
