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GALLIPOLI will'!

He threatened to blow up the market of local products exhibition every summer, held in the city of Gallipoli, in "Side Street Fish Market retail.

The City Council had in fact denied the request state authorization The by the Cultural Solidarity, with support of its refusal to the negative opinion given by the Superintendence for Cultural Heritage and landscape.

On May 26 the Administrative Judge, after examining the complaints articulated, upheld the interim proposal and the appellant admitted the use of the state property and request the performance of the exhibition, as detailed in ' instance, for three months with effect from 1 June 2010.

According to the injunction given by TAR - Lecce, Section One, as part of the requirements landscape protection force in the Puglia region permission of landscape in art. 146 of Legislative Decree 42/04 is not required for the execution of works of seasonality, as the reference.

Furthermore, he stated, the TAR, "... the contribution advisory decision of the Superintendent and the overall instance by the city of Gallipoli ... seem tainted by failure to take account of the nature of places (particularly exposed to the winds) and the overall difficulty of managing a show for several months, using the facilities required by the Superintendent (in this case umbrellas) for definition, intended to use extremely limited in time . "

Here is the full text of Ordinance No 366 of 26.05.2010.
By StudiolegaleBacile

The Regional Administrative Court of Puglia Lecce - Section One

gives the following

ORDER

The action of general register number 752 of 2010, proposed by: The Solidarity Cultural Association, represented and defended by ' Chambers. Pantaleo Ernesto Basin, with an address at Tar Secretariat in Lecce, via F.sco Rubichi 23;

against

City of Gallipoli, represented and defended by the lawyer. Francesca Traldi, with an address at Tar Secretariat in Lecce, via F.sco Rubichi 23; Ministry of Heritage and Culture, Superintendent Arche Beni Paes. and Patr. Stor. art. Etnoant. Prov.Di Le, Br, Ta, represented and defended by the State District, residing legally in Lecce, Via F. Rubichi 23;

to cancel

after suspension of effectiveness

of the order of 18 / 05/2010 issued by the city of Gallipoli, prot.n. 0026325, the application is dismissed for the 11/01/2010 issue of granting state maritime temporary for a period of 3 months of an area of \u200b\u200b372 square meters in area "side street retail fish market. "

view of the action with its annexes;

Taking all of the acts of the case;

Given the application for stay of execution of the contested decision, made in passing by the applicant;

Visas acts of action brought by the City of Gallipoli and the Ministry of Heritage and Activities' Cultural and For Superintendent of Arche Beni Paes. and Patr. Stor. art. Etnoant. Prov.Di Le, Br, Ta;

viewed Articles. 19:21, uc, the Law of 6 December 1971 No 1034;

Speaker in chambers on the day May 26, 2010 Dr. Luigi Viola and also heard the lawyer. Basin for the plaintiff, the lawyer. Traldi for the city of Gallipoli and Att. Libertini state to state administrations intimate;

view:

>, such as the reference

-That the contribution of the Superintendent and the overall advisory decision by the instance of the town of Gallipoli, but in a context in which appears total allowable amendments of solutions required in previous years, appear to be tainted by the failure to take account of the nature of the sites ( particularly exposed to the wind) and the overall difficulty of managing a show for a few months, using facilities intended for use by definition extremely limited in time;

-that, therefore, must be accepted the 'request for an injunction proposed by the applicant, within the limits set in the grounds.

PQM

welcomes the aforementioned cross-application for suspension and, consequently, the applicant accepts the use of the state property and request the performance of the exhibition according to the dd manner specified in the instance. 01/11/2010, for three months from 1 June 2010.

This order will be executed by the Administration and is filed with the secretary of the court will notify the parties.

Decided in Lecce in chambers on May 26, 2010 with the assistance of the Lords:

Luigi Viola, President FF Extender

Carlo Dibello , First Referendary

Massimo Santini, Referendary

THE PRESIDENT, EXTENDER

FILED IN OFFICE

26/05/2010 The

THE SECRETARY