The Parma Regional Administrative Court accepts the appeal presented by the League for the Abolition of Hunting regarding the obligation to hunt ungulates with lead-free ammunition.
With its own ruling, the TAR of Parma upheld the appeal lodged by the Lac against the province of Reggio Emilia, the Territorial Area of Caccia 1 Poviglio and the Federcaccia Reggio Emilia, against the possibility of hunting ungulates with normal ammunition instead of non-toxic ammunition, lead free.
In particular, the appeal concerned article 2 of the resolution of the Council of the province of Reggio Emilia n.195 on the adoption of the provincial hunting calendar which allowed the hunting of wild boar, roe deer, fallow deer and mouflons without prohibiting the use of normal lead ammunition. to be replaced with non-toxic ammunition.
The reasons for the appeal are to be found both in the "excess of power due to unreasonableness, as the Province of Reggio Emilia would have ignored the opinion of ISPRA n. 19114 of 6 June 2011, and in the" lack of motivation, as the Province of Reggio Emilia would have disregarded this opinion without giving any reasons ".
The defense of the Province of Reggio Emilia and Federcaccia Reggio Emilia motivated the non-compliance with the ISPRA opinion with the interpretation that it would not actually constitute a real opinion, but a simple recommendation, nothing more than a simple "food for thought to the purposes of regional hunting wildlife planning ".
Instead for the TAR “The thesis has no foundation. A simple reading of the document of the Higher Institute for Environmental Protection and Research is enough to see that there is much more than a simple recommendation to eliminate the use of substances that are toxic to human health ”.
Furthermore, the administrative judges still assert, "When, in the aforementioned text, the" potential danger also to human health due to the fragmentation of bullets "is underlined, and when it is stated that it is identified as a logical consequence" a total desirable replacement of lead-containing ammunition in hunting Ungulates ”. Given the nature of a true opinion of the document in question, the administration should have, at least, given reasons for the reasons that led it not to follow the instructions contained therein. For these reasons, the two grounds of appeal, which tend essentially to coincide, are both well founded ".