A’“revolutionary” order from the court of Lucca, after the urgent appeal, ex article 700 of the civil procedure code, presented by the lawyer Emanuele Fusi on behalf of one of his disabled clients.
To man, recognized as civilly disabled at 85% from 30 May last year, complete with clinical documentation issued by the ASL, the Municipality of Capannori had the car seized for a series of tax debts amounting to approximately 10 thousand euros.
The judge of the court of Luccaafter dissolving the reserve, declared the detention illegitimate carried out on the disabled person’s car.
“It was noted that the vehicle subject to administrative detention is owned by a person who has been recognized as having a civil disability and who has been classified as a disabled person with the consequent issue of a disabled permit by the Municipality of Capannori following medical documentation issued by the local health authority in – motivates the judge -, detected that it appears from the documents that this car is actually intended for the transport of humans, deemed to exist the conditions, it appears reasonable to presume a mere material error on the part of the appellant and the danger of current prejudice to the detriment of the appellant due to the lack of possibility of using the vehicle itself, the latter being essential in order to provide for one’s daily sustenance and in order to exercise his absolute primary right to health, emerging from the documents that the same appellant lives alone and has serious problems walking, with the need to frequently go to medical facilities”.
With these reasons the judge therefore revoked the effectiveness of the administrative detention of February 16th.
“A victory for all the oppressed”comments the lawyer from the Court of Lucca, satisfied.
