The Council of State, in the jurisdiction, rejected the appeal presented by Millennium Immobiliare srl against the Municipality of Aversa. The sentence, issued on 11 June 2024, confirms the decision of the Regional Administrative Court (TAR) of Campania, which had denied the compensation requested by the company for the forfeiture of the provisional award of a tender announced by the Province of Caserta for the destination of scholastic use of a property in Aversa.
Millennium Immobiliare had appealed the TAR’s decision which rejected their request for compensation for the loss of the award. The company had participated in a tender by the Province of Caserta to find premises to be used as a branch of the “Mattei” State Institute of Higher Education. However, the Municipality of Aversa had denied the building permit necessary for the adaptation works, reasoning that the property was located in an area (zone “G” of the PRG) which required a resolution from the municipal council for the change of destination of ‘use.
The decision of the Council of State
The Council of State, chaired by Councilor Fabio Franconiero, with Laura Marzano as rapporteur, deemed the appeal unfounded. The ruling confirmed that the need for a resolution by the city council was legitimate and that Millennium Immobiliare had not provided sufficient evidence to demonstrate the damage suffered. Furthermore, the request for compensation was considered unfounded since the property did not have a destination compatible with the high school needs foreseen in the “G” zone.
The ruling reiterates that, even if the proceedings had been forwarded to the city council, there was no certainty that the change of use would have been approved, given the discretionary nature of the decision. Furthermore, public administration liability requires proof of the injustice of the damage and the causal link, elements missing in the case in question.
The costs of the proceedings were compensated between the parties, recognizing the complexity of the issues addressed.
The Council of State therefore confirmed the TAR’s ruling, rejecting Millennium Immobiliare’s appeal and establishing that the Municipality of Aversa acted legitimately in denying the building permit. The decision underlines the importance of urban planning procedures and the discretion of municipal administrations in territorial planning decisions.
