Petrol, the Lazio Regional Administrative Court does not suspend the obligation to communicate prices – Corriere.it
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No urgent precautionary suspension of the decree with which the Ministry of Enterprise and Made in Italy last March 31 (but published in the Official Gazette of 22 May 2023) established the “Methods of the obligation to communicate the prices charged by operators of the business of selling automotive fuel to the public”. This was decided by the Lazio Regional Administrative Court with a monocratic precautionary decree with which it urgently decided an appeal proposed by Fe.Gi.Ca.-Federation of Fuel and Related Plant Managers, FIGISC-Italian Federation of Fuel Road Plant Managers, together with companies in the sector.
The motivations
The judge noted that in the appeal, in support of his request, it was highlighted that “the charges imposed by the contested ministerial decree cause serious and irreparable damage to those engaged in the sale of fuel to the public in organizational terms, logistics and business”. Furthermore, “in the absence of a precautionary measure, from 24 July 2023 and from 1 August 2023 distributors will be forced to respectively fulfill the burdensome and unreasonable disclosure and exposure obligations, with completely disproportionate and unsustainable deadlines for operators” and that “similarly, in the absence of suspension, starting from 1 August 2023, distributors will be exposed to substantial administrative fines and above all to the risk of temporary closure of the plants in the event of multiple violations of the prescribed obligations”.
The next hearing set for July 26
Despite this, he noted that “the precautionary request could be subjected to collegial deliberation in the Council Chamber on 26 July” and that consequently “the prejudice by the complained party would occur for only two days, as regards the communication obligations and exposure; At the moment, the possible application of the envisaged sanction system is not being considered, which is expected to take effect from the following 1 August”. Request for urgent suspension therefore rejected and collective hearing in closed session set for 26 July next.
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