The Lazio Regional Administrative Court accepted, by order, the appeal presented by a bingo operator against the Customs and Monopolies Agency requesting the annulment of "the note from the Customs and Monopolies Agency, Games Directorate, Bingo Office , prot. n. 448203/RU of 27 July 2023, containing the denial of the request presented by the appellant on 23 June 2023 to obtain formal exemption from paying the concession fee for the period necessary to complete the renovation works on the hall (...) , which became necessary following the severe meteorological events of May 2023 which caused devastation".
“Deemed that – explain the judges – the complaints formulated by the appellant require an in-depth analysis that is not compatible with the summary nature of this precautionary phase;
also considering that the appeal is first faction supported by the requirement of periculum in mora, given the serious economic damage deduced by the appellant in light of the alleged objective impossibility of carrying out the activity covered by the concession and the risk of enforcement of the policy in the event of non-payment of the fees relating to the months of closure of the hall;
furthermore, it was considered that in the balancing of the opposing interests, the one aimed at maintaining the res adhuc integrates until the final decision of the case on the merits;
considered, therefore, that the complained of prejudice can be remedied by suspending, pending the settlement of this dispute, the obligation to pay the concession fee for the period of unusability of the hall managed by the appellant, taking into account the fact that, in compliance with what arranged with monocratic decree n. 6504 of 22 September 2023 to guarantee the property interests of the administration, the appellant proceeded on 6 October 2023 to deposit the extension of the guarantee to 31 December 2023, and on 10 October 2023, its further extension to 31 December 2024;
decided to set a public hearing for 19 June 2024 for the discussion of the merits of the appeal;
finally, it was decided to compensate the parties for the costs of this precautionary phase.
PQM
The Regional Administrative Court for Lazio (Second Section) accepts the precautionary request formulated by the appellant and, as a result, suspends the obligation to pay the concession fee within the terms illustrated in the justification.
sets a public hearing on 19 June 2024 for the discussion of the merits of the appeal.
Expenses compensated".
