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Mr. GG of Palermo participated in the special recruitment procedure of the National Fire Brigade, reserved for volunteer personnel registered in the special list established for the needs of the central and peripheral structures of the same Corps.
After being included in the ranking for the procedure in question, the aspiring firefighter was summoned to undergo the required operational efficiency checks.
However, upon completing the fourth test, i.e. the pull-ups, due to the imperfect condition of the gymnastic tool, the handle of which was damp due to use by the previous competitors, Mr. GG lost his grip and suffered a backlash to his right shoulder, experiencing such acute pain that he was unable to continue with the test and was admitted to the nearest emergency room for the necessary investigations.
However, the examining commission, although the failure to pass the test was due to an injury suffered by the competitor, ordered his exclusion from the competition procedure.
Mr. GG, not sharing the judgment of unsuitability formulated by the examining commission, as well as the subsequent exclusion measure, proposed a judicial appeal before the TAR of Lazio with the patronage of the lawyers Girolamo Rubino and Giovanni Bellia.
The lawyers criticized the measures, highlighting that the failure to pass the operational efficiency test was attributable exclusively to a casual accident, which was also determined by the imperfect conditions in which the exercise equipment was found at the time the test was carried out, and requested that it be ordered the repetition of the competitive test.
With an order dated 24 January 2024, the TAR of Lazio, having noted that from the documentation produced in court by the lawyers Rubino and Bellia, elements emerged capable of confirming the causal link between the injury complained of by the appellant during the execution of the test and the pathology ascertained against him, accepted the precautionary request ordering the renewal of the test through the reconvocation of the appellant and, in case of passing the renewed test, also participation in the continuation of the assessments foreseen by the selection process.
In execution of the said order, the aspiring firefighter was subjected to a new assessment, which had a positive outcome.
Consequently, with an order dated 24 April 2024, the TAR of Lazio accepted the precautionary request proposed by the lawyers Rubino and Bellia and, as a result, the aspiring firefighter was admitted to further final stages of the procedure.
