Hunting in Lazio: the TAR rejected the appeal against the regional hunting calendar presented by the environmentalists who asked for its suspension.
The Lazio Administrative Court rejected the appeal against the Regional Hunting Calendar presented by the environmentalists of the WWF, Lac and Lav associations who also asked for its suspension.
The text of the Tar Ordinance reads, "Considering, in the summary resolution of the appeal, typical of this precautionary phase of the judgment, that the contested provision appears, compared to that subject of the above rulings, decidedly enriched in its motivating component and that the complaints raised - compared with the defensive production of the resistant administration - do not appear clearly founded to the point of justifying the interim suspension of the contested act. For these reasons, the Regional Administrative Court for Lazio (Section Prima Ter), rejects the precautionary petition in the epigraph ".
The full text of the Lazio Regional Administrative Court Ordinance is published below:
"
N. 03866/2012 REG. PROV.CAU.
N. 07586/2012 REG. REC.
ITALIAN REPUBLIC
The Regional Administrative Court for Lazio
(Section First Ter)
pronounced the present
ORDER
on the appeal number of the general register 7586 of 2012, proposed by:
Lav Lega Antiviviszione Onlus Non-profit organization, League for the abolition of hunting Lac, Italian Association World Wide Fund For Nature (Wwf) Onlus NGO, in the person of the respective lrpt, all represented and defended by the lawyer. Valentina Stefutti, with an address for service in Rome, viale Aurelio Saffi, 20;
against
Lazio Region, in the person of the lrpt, represented and defended by the lawyer. Stefania Ricci and with the same domicile in Rome, via Marcantonio Colonna, 27; Ispra - Higher Institute of Environmental Protection and Research - former Infs, represented and defended by the General Attorney of the State of Rome;
towards
Eps Game Producers Authority;
for cancellation
after suspension of effectiveness,
of decree t00270 concerning the hunting calendar and regulation for the 2012/2013 hunting season, including the attachment to the “regional hunting calendar and regulations for the 2012-13 season” and any other act indicated in the epigraph of the appeal;
Given the appeal and its annexes;
Given the acts of appearance in court of the Lazio Region and Ispra - Higher Institute of Environmental Protection and Research - former Infs;
Having regard to the request for suspension of the execution of the contested provision, presented incidentally by the appellant;
Given the art. 55 cod. proc. amm .;
Having seen all the acts of the case;
Withholding its own jurisdiction and competence;
The Councilor Pietro Morabito will be the speaker in the council chamber on 25 October 2012 and after hearing the defendants for the parties as specified in the minutes;
Given, with reference to the challenge of the regional hunting calendar of the previous year, the precautionary order of this Section n.4908 / 2010 as well as the judgments nos. 2443/2011 and 8640/2012 (not appealed) and taking into account the postulates outlined therein ;
Considering, in the summary resolution of the encumbrance, specific to the present precautionary phase of the judgment, that the contested provision appears, with respect to that subject of the rulings indicated above, decidedly enriched in its motivating component and that the complaints raised - compared with the defensive production of the resistant administration - they do not appear clearly founded to the point of justifying the interim suspension of the contested act;
PQM
The Regional Administrative Court for Lazio (Section Prima Ter), rejects the precautionary petition in the epigraph.
Expenses of the present phase of the trial, compensated between the parties in dispute.
This ordinance will be executed by the Administration and is filed with the court secretariat which will notify the parties.
So decided in the council chamber of Rome on 25 October 2012 with the intervention of the magistrates:
Linda Sandulli, President
Pietro Morabito, Director, Writer
Roberto Proietti, Director
THE EXTENDER THE PRESIDENT
DEPOSITED IN THE SECRETARIAT
26/10/2012
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
"