Fiumicinothat Bathhouse (located in Maccarese) goes pulled downbecause it’s abusive, On the contrary no. After 7 years The Common Of think again. The establishment’s appeal dates back to 2018 and it concerns one order municipal of the 2017 with which the city Hall ordered the demolition of the establishment same. This, translated into simple words, is what we read in the sentence of Court Administrative from the Region Lazio n. 11906 of 12 June 2024.
That Fiumicino plant must be demolished
In 2018 the Municipality of Fiumicino yes it was even constituted in judgment asking for the demolition of the same: “The Common Of Fiumicino was established on 27 March 2018 – the judges write – concluding for the declaration of inadmissibility, or for the rejection of the appeal. There Region Lazio you are not made up in judgment“.
The Municipality thinks again: “Stop everyone, everything is ok”
At the hearing public of 11 June 2024, however, the bathing establishment – which filed memory – writes that from documentationfiled on April 29, 2024it is clear that the works now comply with the parameters buildings and urban planning. Enough to receive the definitive title enabling with the SCIA in amnesty from the municipality of Fiumicino itself.
So it establishment himself declared his own in court occurred shortage of interest, withdrawing the appeal. Furthermore, the municipality of Fiumicino did not dispute the circumstances on the basis of which he intervened declaration. And who is silenthe agrees, you know.
The ruling of the Lazio Regional Administrative Court
“Notes, in this regard, the College – write i judges – which, in the case of express declaration of the recurring of no longer having any interest at the decision of the appeal, the judge cannot decide the dispute In the merit. Neither proceed of office. Neither replace to the appellant in assessment of interest to act, but only adopt one pronounce in accordance with declaration surrender, so long as In the process administrative.
In absence of replies and/or different requests the principle applies device in a broad sense. In the sense, that is, that it leaves recurringuntil moment where the cause is withheld in decision, has full availability of the action and can declare of not having interest at the decision.
Thereby provoking the judge’s acknowledgment, which can exclusively declare the inadmissibility of the appeal. The Court Administrative Regional for Lazio (Second Quater Section), definitively pronouncing on the appeal, as in the epigraph proposeddeclares it inadmissible for occurred defect of interest“.
