Another ruling from the Lazio Regional Administrative Court upholding the appeal of a Bingo hall against the concession fee for extension.
The Board considered the precautionary application to be first faction worthy of acceptance both from the perspective of periculum in mora (in consideration of the repercussions that the measure in question may have on the entire sector) as well as in terms of fumus boni iuris (in consideration of the doubts of Euro-unitary compatibility already expressed by the Council of State on similar measures adopted on the basis of the previous legal framework which - like today's art. 1, paragraph 124, of law 29 December 2022, no. 197 – has envisaged a regime of “technical extension” onerous of expired concessions, (see in this regard ordinances Cons. St., section VII, 21 November 2022 n. 10264 and Cons. St., section IV, 31 January 2023, n. 1071);
in view of the above, the Board believes that the conditions exist to suspend the effectiveness of the burdened provision and, therefore, to order that the appellant company is required to pay the concession fee in the reduced amount of €2.800,00 per month, to condition that, for the remaining part and until the entire amount redetermined by the Administration is covered (7.500,00 euros per month plus the further increase ex art. 1, paragraph 124, letter. a), of ln 197/2022, i.e. €8.625,00 per month), the appellant proceeds - to guarantee the financial interests of the Administration - to complete the following obligations.
