“In the space of two days, FIT-STS achieves a second victory in Council of State getting thecancellation of the ordinance with which the Mayor of Ventimiglia had relegated the operating hours of the slots to only the evening and night hours. With an appeal similar to that exercised against the Municipality of Cairo Montenotte (SV), the tobacconists managed to overturn the first instance ruling of the Liguria Regional Administrative Court which had confirmed the union order", writes STS Fit.
"The FIT's appeal, says the supreme administrative judge, hits the mark when it highlights that the concentration of gaming in the 19.00pm-07.00am time slot effectively excludes "tobacconists, who are not owners of bars or other public businesses nor certainly owners of gaming halls, from the activity for which they had been legitimately authorized".
Furthermore, the Ventimiglia ordinance violates the principles of proportionality and equal treatment to the extent that, in addition to being excessive in relation to its purpose, it damages tobacconists who, unlike bars or gaming rooms, cannot choose to remain open at night."
