The Lazio Regional Administrative Court, with separate orders, suspended the Concession fees for the Bingo halls defined in the financial maneuver for the year 2023 and authorized the appellant concessionaires to pay 2.800 euros until the judgment on the merits which will be discussed on 22.11.2023.
All studio serviced dealerships Giacobbe Tariciotti & associates.
The ordinances read:
GIVEN THAT
1) with the general note in the epigraph, the Customs and Monopolies Agency communicated to all bingo hall management companies (holders of public concessions) that:
from 1 April 2023 the exercise of the concession of the bingo hall "continues without interruption, pursuant to art. 1, paragraph 124, of the law of 29 December 2022, n. 197”;
the aforementioned provision of the law provides for "the extension for consideration of the concessions for the collection of Bingo, until 31 December 2024";
"against the new extension period, the concessionaires are required by law to pay a one-off fee, calculated under the same conditions and paid in the same manner as established by the concession agreements and by current legislation, calculated in proportion to the duration of the extension and increased by 15 per cent with respect to the provisions of the regulations in force on 1 January 2023”;
the aforementioned fee must be paid, for 2023, in two equal installments by 15 July and 1 October and, for 2024, again in two installments (15 January and 1 June);
2) it appears ex actis that the new fee for the exercise of the bingo hall concessions under the technical extension regime has been quantified:
starting from the previous monthly fee of € 7500/month, multiplied by the twenty-one month duration of the extension (cf. art. 1, co. 636, ln 147/2013, as most recently increased by ln 105/2017, art. 1, co. 1047) and equal to € 157.500; by applying an increase of 15% (€ 23.625) to this amount;
reaching a total amount of €181.125,00 (€157.500 + €23.625) for the entire duration of the extension until 31.12.2024;
dividing this total amount by 21 months of exercise in extension (thus obtaining a monthly payment of € 8.625,00), and then allocating an amount of € 77.625 to the year 2023 (nine months for € 8.625,00/month) and € 103.500 to the year 2024 (twelve months' payments for €8.625,00/month);
3) with today's precautionary request pursuant to art. 55 of the cpa, the appellant party seeks to obtain - pending the definition of the merits of the case - the suspension of the payment note mentioned above and the simultaneous reduction (to € 2.800,00 per month) of the concession fee relating to the so-called "technical extension" for the exercise of the "bingo" game in the period up to 31 December 2024;
CONSIDERING THAT:
4) the interlocutory application is prima facie deserving of acceptance both in terms of the periculum in mora (in consideration of the repercussions that the measure in question may have on the entire sector) and in terms of the fumus boni iuris (in consideration of the Euro-unitary compatibility doubts already expressed by the Council of State on similar measures adopted on the basis of the previously applicable law which - like today's article 1, paragraph 124, of the law of 29 December 2022 197, no. 21 - has provided for a onerous "technical extension" regime for expired concessions, see in this regard the ordinances of the Cons. St., section VII, 2022 November 10264 no. 31 and Cons. St., section IV, 2023 January 1071, no. XNUMX);
5) on the basis of the foregoing, the Panel believes that the conditions exist for suspending the effectiveness of the burdened provision and, therefore, for ordering that the appellant companies are required to pay the concession fee in the reduced amount of 2.800,00 euros per month , provided that, for the remaining part and up to the coverage of the entire amount redetermined by the Administration (7.500,00 euros per month plus the additional increase pursuant to art. 1, paragraph 124, letter a), Law 197/2022, i.e. €8.625,00 per month), the appellant companies proceed - to guarantee the financial interests of the Administration - to fulfill the following obligations: (a) verify the full suitability of the surety guarantees currently existing to also cover the debts deriving from the note now challenged in relation to the two payments due in the year 2023 (expiring respectively on 15 July and 1 October); (b) in the event of a negative outcome of the aforementioned verification,
integration within the deadline of 30 September 2023 of the existing surety guarantee (or - in the event of total lack of said surety guarantee - release of the same) with a bank or insurance guarantee (additional to any security already given) proportionate to the difference in the unpaid concession fee for the year 2023, with the caveat that failure to provide such
guarantee within the aforementioned term will result in the automatic loss of effectiveness of the precautionary measure;
6) the discussion of the merits of the case must be postponed to the public hearing of 22 November 2023;
7) finally, the conditions exist for ordering the compensation of the court costs of the present precautionary phase;
