Terni, Butcher-Municipality 2nd clash at the TAR
02 May 2020 09:39 by SF
Butcher Service srl against the Municipality of Terni for the removal and disposal of asbestos sheets at the municipal slaughterhouse. Film already seen and which will be repeated shortly, except for steps backwards by Palazzo Spada: the reason is the same as a year and a half ago, namely the administration's order - signed on 19 December last - towards the company Viterbo and has now 'expired' a couple of months ago. Result? New round at the Regional Administrative Court. There is also the reimbursement of costs for the intervention.
The previous episode
The mayor had already tried in the autumn of 2018 - on the basis of some notes from the Umbria 2 Local Health Authority, which in 2016 indicated that the reclamation would be completed within three years - giving Butcher two months to act on the roofs: approximately 1,500 meters squares of material with a high degradation index, as established by the local health authority. Appeal to the TAR [ed promoted for Butcher Service by the lawyer. Daniele Sterrantino] acceptance of the precautionary request with 'suspension' and an appointment in May for the hearing on the merits, which was then skipped because Leonardo Latini himself then revoked the provision in self-protection: last May the issue was therefore resolved with the termination of the matter of dispute. Also involved is the additional deed to allow the company to manage the slaughterhouse until 31 December 2019.
It replicates
At the same time, the Municipality went ahead and gave the green light to proceed with the damage action - 44 thousand euros for disposal, Salini's company will take care of it - against Butcher. On the other hand, they did not stand idly by and in mid-March the appeal was filed to challenge Latini's new act: the company's version is that, in reality, the Municipality would be indebted to them and not for a couple of pennies. The administration maintains the point based on article 12 of the contract stipulated in September 1999: among the obligations of the concessionaire was the duty to "guarantee the constant functional efficiency of the structural and construction works of the buildings as well as the external arrangement works of the complex in topic, with particular regard to the permanent safeguarding of the necessary hygienic-sanitary conditions in each environment, in order to be able to continue to carry out the activity, through timely execution, at one's own expense and at one's own expense, of adequate cleaning, repair and replacement of damaged parts" .
There is work for Paolo Gennari, lawyer from Palazzo Spada, and Daniele Sterrantino, administrative lawyer: in the past he was legal advisor several times at the Ministry of Infrastructure and Transport.
