On 13 June, following an assignment received from 104 people, the lawyers Aurora Notarianni, Giuseppe Vitarelli, Antonino De Luca (of the Messina Court) and Maria Grazia Fedele (of the Reggio Calabria Court) promoted ancollective injunction action, electronically filing an appeal pursuant to art. 840 sexiesdecies cpc at the Court of Rome (Company Section), against Stretto di Messina Spa.
With this action the aim is to ask the judge to ascertain the liability of the company and the unjust damage caused due to the violation of the duty of diligence, correctness and good faith by continuing with the activity for the construction of the work “despite the bridge over the Strait of Messina – we read in a note from the appellants – has no real strategic interest and is not feasible from environmental, structural and economic points of view”.
“The 104 private citizens who undertook this action – they claim – live and love the two shores of the Strait of Messina and have a common interest in the protection of the landscape, the historical and archaeological heritage, the environment, biodiversity and ecosystems and intend implement every activity necessary to preserve the territory, the quality of life, health and well-being also in the interests of future generations”.
Through the class action, the citizens claim that the so-called Bridge decree is “constitutionally illegitimate and contrary to European legislation and consequently denounce the illegitimacy of the actions of the company led by Pietro Ciucci, for violation of numerous internal and Euro-unitary rules, as well as international”. The appeal indicates the violated rules, the supra-individual interests to be protected and also the prejudice to the individual and collective legal spheres due to the patrimonial and non-patrimonial prejudice caused.
The defense team specifies: “This appeal aims to ascertain and declare the proposed collective injunction action admissible and well founded. We thus want to obtain the immediate cessation by the Stretto di Messina company of any act or behavior prejudicial to collective and widespread and legally protected rights and interests, of any activity aimed at approving the definitive and executive project, of any behavior relating to the restart of the planning activity of the work and, as a result, ordering the immediate cessation of all negotiating activities, of the stipulation of additional, unilateral and contractual deeds, onerous and otherwise, and of every resolution of the Board of Directors, of every deed or document produced in the proceedings before the VIA VAS Commission and the Services Conference and order the cessation of any connected and consequent activity capable of reiterating the conduct prejudicial to collective and homogeneous interests worthy of protection and prohibit its recurrence. Now, after the appeal has been filed, we await the date of the hearing.”
