The Municipality of Cagliari has applied the regulation badly : the place will have its tables back. This was decided by the TAR , following the appeal of the managers of "Scalini", above Piazza Yenne, "pinned" by the local police - twice this summer - without any concession for public land.

Illegal dehors, therefore. And the blow didn't take long to arrive: 8 days of closure (from 20 to 27 October 2023) and then the impossibility of issuing a new concession for the following 18 months. An important sanction, justified - by regulation - by the recidivism that occurred within 24 months. The administration's decision was then brought to court, to clarify its legitimacy.

According to the managers' lawyers (lawyers Federico and Gabriele Melis) not only was the decision "exaggerated" but there were errors . After the first violation, ascertained with a report on 20 August 2023, the Municipality would not have contested the fact but not even warned the premises - with a warning - of the consequences of a possible recurrence. A few days later, on September 3, a new check and the big blow.

But for the judges the latter would be illegitimate, given that "at the time the second violation was detected, the previous one had not been definitively ascertained (and, before that, not even contested"). The TAR also states that not granting public land for 18 months without first allowing the premises to regularize their position would be in "contrast with the canons of correctness and good administration which must always characterize the work of the Administration".

Having accepted Scalini's appeal, the Municipality will also have to pay the legal costs, which amount to 2 thousand euros.

(Unioneonline)

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