With Judgement No 4026 of October 12, 2010 , Section I of the TAR Brescia has upheld an appeal by a company which complained that he paid the sum of € 45,024.34 in respect of the partnership for the implementation of infrastructure works, although it was already was acquitted on the payment of the concession when issuing building permits .
The TAR confirmed the chief principle that under Article. 23 of the Constitution, no provision sheet may be imposed except by virtue of a law , so that - as noted by the Supreme Civil (see Sec. A. 06/13/2008 No 15 914) - "not v ' is no doubt that the municipalities have no authority to impose additional or different asset performance than those specifically established by the legislature , being necessary to this end a provision in relation to the provisions of Article 23 of the Constitution, which confers the same power that .
Recalling the conclusions reached by the Sec. The decision of the TAR in Milan February 12, 2009 No 1253, the TAR Brescia also stated that if the parties reach an agreement pursuant to Art. 11 l. 241/1990, which has been attached to the agreement by private persons rather than journalism (in this sense seems to be directed to the Constitutional Court. In ruling 204/2004), the fact is that though there are limits insurmountable agreements, after which it falls in the event of nullity of radical, absolute failure to award (or lack of power in the abstract), pursuant art. 21-f l. 241/1990.
Hence the nullity, in relation to the reasons given, the administrative agreement reached between the City of Ciserano and the Municipality of Arcene, dated March 31, 2004, in so far as bears on the applicant of the costs of urbanization of the area, a production target, located in the City of Ciserano. The award of the TAR
Brescia n. 4026/2010, sec. I, is available on the site of TAR to this address.
0 comments:
Post a Comment