No unfair competition and regular removable works in the “Pala Summer” in Piazza Palio in Lecce, for the holding of padel tournaments.
With this motivation, the Council of State overturns the TAR’s ruling, accepting the appeal of the Green Project he was born in Municipality of Lecce. New twist on the merits of the administrative judicial dispute, which for some years, precisely since 2022, has seen the company Kick off srl on one side and on the other the Municipality of Lecce which had issued the authorizations for the dissolution of the events and the Green Project owner, manager and organizer of the music, sport and entertainment event called “Pala Summer” in the Lecce Fiere container.
Corrado Garrisi, CEO of Green Project, said he was satisfied with the reasons.
A device – he commented – which overturned the TAR ruling, recognizing that Green Project itself had presented substantial documentation in support of its thesis and therefore the acceptance of the main and incidental appeals.
We have therefore operated in transparency and correctness of the regulations. A result – concludes Garrisi – that sheds full light on the facts and that re-establishes the truth by proclaiming that we have always acted with correctness and without any unfair competition behavior.
The provision of the Council of State is also clear, as it took into due consideration the technical reports presented by Green Project and endorsed by the Municipality of Lecce, which issued the authorizations for the installation of the fields and the holding of the events.
The technical report by Eng. Parlangeli dated 25 July 2023, commissioned by Green Project and filed in this judgment together with the main appeal, was decisive – it is reported in the operative part -.
In fact, both the technical report and the attached photographic documentation highlight the simple support and subsequent bolting of the courts and other removable structures, specifying that for the installation of the padel courts and the stands, no construction work was carried out but simple assembly and disassembly operations using manual tools and utensils similar to the assembly operations of temporary structures used for public entertainment events and the assembly of exhibition stands.
Therefore – we conclude – no plant engineering work was carried out other than the on-site assembly of a pre-wired electrical system consisting of certified pre-assembled electrical panels, extension cords and users known as lighting devices.
The conclusion that leads to the sentence
From these considerations emerges a principle of proof regarding the effectively removable nature of the works carried out which, despite the undoubted complexity of the structures used, have not brought about any permanent transformation of the ground and have been rigorously maintained within the already existing exhibition pavilion, moreover, already prepared to accommodate similar assembly works, and relative dismantling). Therefore, the conditions exist for said works to be classified as free building works.
A report that induced the appellant (Kick Off) not to reply at all on the merits, in light of the precise technical deductions of the counterparties, and which in fact led the judges to accept the appeal.
