The road of the No Bridge to stop the work also go through an inhibitory action. That’s what they did 104 from Messina who turned to the lawyers of the Messina court Aurora Notarianni, Giuseppe Vitarelli, Antonino De Luca (the latter group leader Ars M5S) e Maria Grazia Fedele (of the Court of Reggio Calabria) who in recent days have electronically filed an appeal pursuant to art. 840 at the Court of Rome (Companies Section), against Stretto di Messina S. p. TO.
A class action to ask the judge to ascertain the company’s liability and the unjust damage caused by the violation of the duty of diligence, correctness and good faith by continuing with the activity for the construction of the work despite the fact that the bridge over the Strait of Messina has no real strategic interest and it is not feasible from environmental, structural and economic perspectives. The 104 private citizens who have undertaken this action have a common interest in the protection of the landscape, the historical and archaeological heritage, the environment, biodiversity and ecosystems and intend to implement every activity necessary to preserve the territory, the quality of life , health and well-being also in the interests of future generations. The appellants, with this class action, narrate the history of the company and the project and highlight the validity of their reasons, arguing that the so-called bridging decree is constitutionally illegitimate and contrary to European legislation andd consequently they denounce the illegitimacy of the actions of the company led by Pietro Ciucci, for violation of numerous internal and Euro-unitary, as well as international, regulations.
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 states: “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.”
