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Aversa (Caserta) – Council of State has annulled a ruling by the Campania Regional Administrative Court in which the Municipality of Aversa was in favour, urged by some condominium owners, who with a provision had forced the Tre Farine restaurant to channel the fumes from the kitchens into flues according to municipal regulations.
The Regional Administrative Court had initially rejected the company’s appeal, ruling in favor of the Municipality and therefore of the condominiums. The company that owns Tre Farine then presented an appeal to the Council of State which assessed – also on the basis of technical reports from Arpac – the technical-olfactory issue, completely overturning the first instance decision and blaming the Municipality and the condominiums of the luxurious building in viale Olimpico where the pizzeria restaurant is located in the rooms below.
The company’s lawyers (lawyers Luigi Ricciardelli and Ciro Foglia from Caserta) had argued that the emissions produced were not considered significant pollutants according to current regulations. Furthermore, they underlined that the question of the tolerability of odorous emissions should be resolved by the jurisdiction of the ordinary judge and that proof of exceeding the tolerability limit should be provided by those who affirm it.
The Council of State thus accepted the company’s appeal, annulling the Municipality’s provision. As a result, the company is allowed to continue its activity without having to install flues. In fact, a latest generation technological system used by the venue is installed in the venue.
The ownership of Tre Farine had requested the annulment of the application of article 30 of the Municipal Building Regulations, considered obsolete (1974), invoked to hinder the restaurant business opened in 2018 in the prestigious building in whose premises, apparently, the presence of a credit institution was expected. A regulation that clashes with the technological progress now advanced in the catering sector.
