"Obiter dictum", or "incidental" but not binding statements. Giulio Napolitano, a lawyer with a heavy surname, son of the President who first dared to challenge the Constitution with a double presidential term, unleashes the Latin maxim when his harangue in front of the Tar judges is ending. The case before the magistrates of Piazza del Carmine in Cagliari is the one that regulates the skies of Sardinia, or rather the territorial continuity that should connect the island with the rest of the continent. He, the Latinist of the Rome forum, defends none other than the state company, the one that has risen from the ashes of Alitalia. Ita, which had been excluded from the Region's tender because it had no planes, entrusted its speeches to the most noble firm, the Chiomenti of which the heir of "King Giorgio" has been a partner since 2018. Buried the scimitar, the lawyers of Ita they let themselves be anticipated by the communication to the TAR of the withdrawal of all the appeals presented in the hot hours of the no holds barred confrontation with the Region. All but one. As anticipated in recent days by the Sardinian Union investigation, Ita has decided to confirm the appeal on the Cagliari-Rome section and vice versa. A choice with a double-edged interpretation: on the one hand the possible acknowledgment of the risk of being condemned to pay the legal fees on all those cases, or on the other the intent to demonstrate that at that moment, during the passing from Alitalia to the new company, he had at least the aircraft to carry out the richest route. In reality, after arguing that Ita had the planes available, the young Napolitano chose the Latin citation to sink the blow against the Region. That "Obiter dictum", pronounced cold in the court of Sardinia, is much more than a poisonous jab towards the Sardinian region. In practice, the translation of the Latin assumption is simple: we ask the judges, even incidentally, therefore, even outside the final decision of the TAR, to underline the critical issues of the race, to induce the Region not to repeat the same mistakes. In reality, hoping for an "Obiter Dictum" almost means having resigned oneself to not being right, if anything aiming at an extra decision pronouncement that could, if anything, influence the next race on territorial continuity. Mattia Pani, the lawyer of the Region, uses the phlegm and the bon ton of the experienced jurist to answer the scion of the Napolitano family. The reference is to the memoirs already deposited, where the Region reminds the Chiomenti studio of a passage as heavy as it is very delicate: we remind you that you were the consultants of the regional transport department for the preparation of territorial continuity and the consequent administrative actions. As if to say, there is a gigantic conflict of interest, on which now, "incidentally", the Tar himself could intervene. On the one hand, Ita criticizes the Region on the tender for territorial continuity and, then, however, makes use of the same lawyers used by the Trasproti Department to defend its position against the regional administration. Not a detail, but a decisive question. A dispute on which now the judges of the TAR will have to decide, considering that yesterday morning they decided to "send for decision" the case. Within the next fifteen days, given the theme, the TAR could already pronounce itself and decide on a dry sentence or, if it accepts Ita's exhortation, for an "incidental" pronouncement. Certainly the scenario over the skies of Sardinia is studded with increasingly evident risks and dangers. On the one hand, the decision of the TAR and on the other the uncertainty relating to the expression of interest without financial compensation banned by the Region for the crucial period of the summer season. Regardless of the "incidental" assessments, the TAR must decide whether to readmit Ita in the first tender, excluded due to the lack of planes. Request contrary to that of Volotea which, on the other hand, had been excluded because it lacked an identity card. The spotlight, in addition to the decision of the judges of Piazza del Carmine, is aimed at the no-money "extension" that the Region has banned for the period 15 May to 1 October. For the moment the clash is all in the courtrooms, but the chaos in the skies of Sardinia is just around the corner.
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