CATANZARO – The first section of the TAR of Calabria, accepting the proposed appeal fromlawyer Enrico Morcavallo, suspended the DASPO provision which had been inflicted by the Cosenza Police Headquarters on March 8th of three Cosenza fans: GF, LDM, MS The Daspo measures inflicted on Cosenza fans were nine in total, and were issued following the well-known incidents of the derby between Cosenza and Catanzaro. In particular inside the Marulla stadium (throwing smoke bombs) e near the A2 motorway junction in Rende in front of the McDonalds.
In the TAR ruling which upheld the appeal it is highlighted that «from the point of view of prima facie case the reconstruction carried out by the resistant administration appears prima facie without adequate evidence capable of proving the active participation of the appellant in the serious clashes between supporters of Catanzaro and of Cosenza which occurred near the McDonald’s in Rende, following the derby. With regard to the periculum in mora, the proposed prejudice also exists and is taken into consideration of the extent of the measure ordered, significantly affecting the applicant’s freedom of movement». The Regional Administrative Court for Calabria therefore accepted the precautionary request, suspending the effects of the contested provision and the public hearing set for 11.12.2024 for the discussion of the merits.
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