The Tar Sardinia says no to compensation for damages of 223 thousand euros requested by a gaming operator who had been banned from opening a hall by the Municipality of Cagliari .
The story dates back to 2017, when the Administration had ordered the provision on the basis of the union ordinance issued in July of that year, which provided for at least 500 meters between arcades and sensitive places such as schools and churches . Subsequently, the Tar annulled this provision , recognizing "union incompetence" on the matter.
Despite this, the conditions for compensation do not exist for the judges .
"The injustice of the damage does not automatically derive from the ascertained illegitimacy in the jurisdiction of the contested administrative provision - reads the sentence published today - since it is also necessary to provide proof of the damage suffered and of the subjective element of willful misconduct or guilt" .
The Regional Administrative Court recalls that at the time of the trade union ordinance "the reference regulatory framework of the matter in question was far from defined and unequivocal" and therefore it cannot be stated with certainty that the Administration has implemented "profiles of unjustified negligence and inexperience".
The annulment of an act considered illegitimate therefore does not automatically imply , according to the judges, a request for compensation ; in this case the operator would have had to demonstrate «that he is the owner, on the basis of a legal provision, of the lost asset» and for which he «would like to obtain the economic equivalent».
(Unioneonline/vl)
