The Municipality of Porto Empedocle, with the patronage of the lawyer Girolamo Rubino, has challenged before the CGARS the precautionary order of the TAR-Palermo, which accepted the precautionary request promoted in the appeal proposed by RTI I. srl, a company representing a group of companies specialized in waste disposal and public hygiene services operating in the Agrigento area.
In particular, in the proceedings before the TAR-Palermo, I. srl had requested the annulment, with prior suspension of the effects, of the determination with which the Municipality of Porto Empedocle had redefined the total of the recognisable industrial costs relating to the extension of the RSU service, and it had also been determined to proceed against the appellant RTI to recover the total sum of €410,588.91 of unsustainable costs, to be deducted from the total sums due for the service performed.
In the context of the appeal proceedings, Attorney Rubino, in the interest of the Municipality of Porto Empedocle, raised the objection of the lack of jurisdiction of the Administrative Judge, since the dispute which was the subject of the preliminary proceedings was related to patrimonial aspects relating to the execution phase of the contractual relationship and therefore fell within the jurisdiction of the Ordinary Judge, with the consequent inadmissibility of the granting of precautionary protection by the GA.
Well, with the order of 09.14.2024, the CGARS considered the lack of jurisdiction raised by Attorney Rubino to be well-founded, and in particular, observed that, pending the definition of the dispute in the first instance, the precautionary protection should not have been granted in favor of I. srl, since the aspects of the dispute concern only the determination of contractual fees disputed between the Municipality and I. srl, which fall within the sphere of jurisdiction of the Ordinary Judge.
Therefore, the CGARS, with the aforementioned order, accepted the precautionary appeal proposed by the Municipality of Porto Empedocle, and as a result, in reform of the contested order of the TAR-Palermo, rejected the precautionary request granted in the first instance to I. srl.; as a result of the aforementioned order issued by the CGARS, the Municipality of Porto Empedocle will therefore not have to pay any sum to I. srl pending the judgment on the merits.
