the Asi Consortium will appeal to the Council of State

the Asi Consortium will appeal to the Council of State
the Asi Consortium will appeal to the Council of State

BRINDISI – A few days after the Lazio Regional Administrative Court accepted the appeal of the Southern Adriatic Sea Port System Authority on the distance that should be between the tracks arriving at the Costa Morena Est dock and the Edison LNG depot in Brindisi, the Asi Consortium announces that it is preparing the appeal before the Council of State. The judges of the third section (president Giuseppe Sapone, drafter Marco Savi) – reasons known since last June 21 – in the hearing on the merits of June 19, 2024 rejected some exceptions presented by the Consortium (read the article).

It could take about ten days for the appeal to be notified. It is important to point out that the body led by President Vittorio Rina is not against the project itself, on the Edison coastal depot, but is focusing on one issue: that of the tracks. In fact, ASI has requested compliance with a minimum distance of at least 30 meters, based on the Presidential Decree (DPR) number 753 of 1980. The current project instead provides for a distance of five meters. It was authorized with an interministerial decree of August 22, 2022.

Reading the 29 pages of reasons did not convince the Brindisi Asi Consortium, regarding some issues. The Lazio judges held that not even the interministerial authorization decree could confer jurisdiction to the Asi Consortium, to avoid “an inhibitory power”. The Asi Consortium thinks differently: the interministerial decree, in articles 2 and 3, speaks of the requirements of the bodies interested in the project. And the Asi Consortium participated in the related conference of services. Therefore, according to the decree, it should verify compliance with the requirements. This is precisely the case regarding the distance from the tracks.

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