Autostrada Parchi, the Council of State buffers the Toto group
What has the fifth section of the Council of State ordered with a single decree concerning the management of the Autostrada dei Parchi (a24 / a25)
ROAD OF PARKS, WHAT THE STATE COUNCIL HAS DECIDED
Stop the order of the Lazio TAR pending the precautionary decision that will be taken after the council chamber on 25 August at Palazzo Spada. This is what the fifth section of the Council of State has ordered with a monochromatic decree concerning the management of the Autostrada dei Parchi (a24 / a25), accepting the request for monochratic precautionary measures advanced in the appeal presented by the Presidency of the Council, by the Ministries of Infrastructures and Economy, and by Anas. "Considering that, due to the delicacy of the case in question (which concerns the protection of motorway traffic and the safety of users) and the type of issues raised (where the problem of continuity of traffic in safe and the need to avoid the risk of structural failure of the infrastructures) on the sidelines the issue of the evaluation of the 'fimus boni iuris' ordinarily reserved for the more articulated collegial discussion – reads the monochrome decree filed this morning – the consideration of the reasons for 'periculum' claimed, arising from the articulated contested order and from the living solutions adopted that push for the acceptance of the single precautionary petition ".
THE POSITION OF THE TOTO GROUP
Strada dei Parchi expresses "amazement and disappointment at a choice that can only derive from a precise and incomprehensible will". The company writes it in a note published on its website, "upon learning that the Council of State, on a public holiday without debate and with a provision which, as reported in the text, does not take into account the opposing reasons presented, decided to cancel the suspension, approved twice by the TAR, of the effects of the MIMS decree implemented by the Government with which the concession of the A24 / A25 motorways had been unilaterally and without just cause revoked. According to Strada dei Parchi, "what appears at least anomalous is the stubborn insistence shown by Mims and the presidency of the Council in pursuing an action that, at the moment, is only involving a huge and costly bureaucratic effort and which will lead to considerable damage to the state coffers. In addition to generating concerns in those who manage and live the motorway infrastructure on a daily basis, exposing it, due to yet another unjustified change of manager, to dangers that are as useless as they are alarming for users ". Therefore, pending the judgment on the merits (set at the Lazio TAR for 20 September ", and" the continuity and safety of a crucial public service being at stake, especially in the hottest weeks of tourist exodus ", according to the company" the affair could and should have been handled differently, respecting the rule of law and the existing contract, as well as resorting to simple common sense, ie the same principles that inspired the Lazio TAR in its double pronouncement ".
THE POLITICAL COMMENT
“From today, the management of the A24 and A25 motorways returns to the hands of the state through Anas. The Council of State, which with a special decree reformed the order of the Lazio TAR which had accepted the concessionaire's appeal, wrote the word end giving reason to the government that on 7 July last revoked the concession to Strada dei Parchi Spa , for serious breaches. For years the Movimento 5 Stelle has been asking for the revocation of concessions that are favorable only to the "borrower", and that damage the State which then has to provide for the concessionaire's default. Work is now on the stabilization of employment levels and the redefinition of the industrial plan ”. The president of the Senate Public Works and Infrastructure Commission, Mauro Coltorti (M5s), writes in a note.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/smartcity/autostrada-parchi-il-consiglio-di-stato-tampona-il-gruppo-toto/ on Mon, 01 Aug 2022 14:24:43 +0000.