Palermo, the Municipality does not have to pay damages for the 2013 New Year

The, Cga overturns the first instance decision of the Tar

PALERMO – The Administrative Justice Council overturns the first-degree sentence and gives reason to the Municipality of Palermo. The latter, represented by the mayor Leoluca Orlando, will not have to pay damages to the Terzo Millennio company. This is the umpteenth stage of the story linked to the awarding of the contract for the show in the square on the occasion of the New Year 2013.

In the first instance, the TAR declared the procedure that led to the choice of the Levana association as illegitimate.

For the New Year’s Eve Max Gazzè was chosen proposed by Levana and not Vinicio Capossela. The Cga (president Fabio Taormina, extender Giovanni Ardizzone) writes: “The censored decision of the TAR which, with regard to the request for a declaration of exclusivity of the artist, has considered that the administration has changed operates from an open competitive procedure towards a negotiated procedure ‘. This assumption is therefore incorrect since the legitimacy of the request for a declaration of exclusivity had to be assessed with reference to the time of identification of the artist and not with reference to the publication of the notice, as this is a preparatory phase for defining the object of the service ” .

In short, the Municipality has followed a correct procedure. Hence the acceptance of the appeal of the administration assisted by the lawyer Fabio Tomasello.

The story also resulted in a criminal trial which last year ended in the first instance with the acquittal of all the accused, namely the members of the municipal commission that evaluated the proposals and Manfredi Lombardo della Levana.

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