The Tar Parma has suspended the closure of a bingo hall ordered by the Municipality of Fidenza in application of the regulation which imposes minimum distances from sensitive places.
“Considering that, with presidential decree n. 151 of 19 July 2023, this Court accepted the request for provisional precautionary measures, thus motivating "considering that, due to the effects that would be determined in the medium time, a situation of extreme gravity and urgency emerges such as to require the suspension of the effectiveness of the contested act; Considering that, naturally, any ruling on the procedural and merit aspects of the appeal remains unprejudiced, to be postponed to the collegial hearing";
Considered necessary to consolidate the effects of the aforementioned presidential decree, given that the definition of the dispute in question cannot ignore that of the pending appeal described above, concerning the acts required with respect to the contested closure order;
Deemed to exist periculum in mora resulting from the serious prejudice that the appellant would suffer from the immediate execution of the closure order;
Considered, therefore, that it is necessary to accept the precautionary request, suspending the enforceability of the contested provision, pending the definition of the appeal against the acts required by it;
Considering that the costs of this procedural phase can be compensated;
The Regional Administrative Court for Emilia-Romagna - Section of Parma (Section One) accepts the precautionary request and, as a result, suspends the execution of the contested provision pending the definition of the appeal pending before the Council of State . The public hearing of 21 February 2024 has been set for the discussion of the merits.”
