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Lombardy TAR - PAY ADMINISTRATION THAT DOES NOT ALLOW ACCESS TO DOCUMENTS WITHIN 30 days.

TAR Lombardia-Milano - Sec. III - Judgement of 27 March 2009, No 2037 NAME OF THE PEOPLE REPUBLIC ITALIANAIN ITALIANOTRIBUNALE Lombardy Regional Administrative Register LONDON SECTION III Judgments: / 2009Registro General: 505/2009nelle the persons of:
gives the following SENTENZAnella chambers on March 19, 2009 Due to the action brought by 505/2009 :@@@@@@@@@@represented and defended by: with an address at-controCOMANDO --- GENERAL Carabinieri represented and defended by: ADVOCATE DISTR. STATE FAIR WAY Freguglia domiciled in, one at its headquarters, a refusal tacitoai Article. 25 paragraph 4 of Law No 7 August 1990 241, formed on the request for access to the proceedings Administrative art. 75 Presidential Decree 545/86 filed January 12, 2009, viewed the acts and documents lodged with the application; Since the entry of appearance in court to: General Command of the Carabinieri heard the speaker Ref - and also heard the attorneys of the parties present as verbal, in view of fact and law as follows: Facts and DIRITTOIl applicant is an officer of the Carabinieri. On January 12, 2009 filed an application for access to the records administration in order to achieve strong vision and a copy of the documentation relating to a proceeding under way, aiming at the abolition of the effects of the sanctions he riportate.Non body from getting response within thirty days in art. 25, paragraph 4 of Law No 241/90, filed an appeal before this Court, that the administration should be ordered to release documents richiesta.In near the Council Chamber, the administrative authority has filed in court a report stating that in the instance the applicant was given a positive response by letter of March 13, 2009, and was therefore absent at the same access to the documentation of interesse.Nella Chamber of the Council of 19 March 2009, the applicant's attorney has confirmed what sopra.Il College must therefore be held, pursuant to art. 27, paragraph 7 of Law No 6 December 1971 1034, the cessation of matter of the litigation, the administration had adopted a measure full of instances of sattisfattivo ricorrente.Per that concerns court fees, it should be noted that the starting point from which the period of thirty days referred to in the said Article. 25 of Law No 7 August 1990 241, granted to the government to detect instances of access to the records, starting from the moment in which those claims are filed with the government, and not from where they later branched offices are physically competent as, if not , the term could be expanded without limit according to the times in which the various administrative bodies shall exchange interne.L Communications' relevant filed in court a copy of his request for access to documents on which is affixed the stamp of receipt by the 3rd Battalion Carabinieri Lombardia, dated January 12, 2009: It is from this moment So that started after the deadline for replying to the above instance, while nothing can rely on the fact the 3rd Battalion of Police has submitted the same request to the Directorate General for Military Personnel on February 20 2009.L 'administration, as seen, responded only on 13 March 2009, well after the deadline required by law, thus forcing the person to bring this expenditure ricorso.Le trial must therefore be ordered to carico.PQMIl Regional Administrative Court of Lombardy, Sec. III, finally saying, hereby contendere.Condanna devoid of the administration to pay the court costs, which in liquid € 1,000.00 plus VAT if dovute.Ordina CPA and that this sentence is carried out by the amministrativa.Così decided in Milan, the Chamber of the Council of 19 March 2009, with the intervention of the judiciary: NRG "505/09"
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BE GOOD BUY THE WORKER WHO at its own expense WORKWEAR IS

The provision to employees to wear the uniform while on duty, in fact, is employers in the provision of the nature of remuneration. In the event of default to the contractual obligation assumed, then, the company must compensate (Court of Cassation, Section work, Case No. 26234/09, filed Dec. 15)

Conduct of trial - a ruling filed Aug. 25, 2005, the Court of Appeal of Rome, partial reform of the decision dated January 16, 2003 the Court of that city (which had dismissed the applications), has condemned the MET.RO Spa (formerly Spa Metroferro already Cotral SPA) FA to pay his employees used the sum of 826.33 euros, as well as accessories of the law, in consideration of garments annually by the company due - According to agreements with the unions in June 9, 1972, to March 1, 1990 and June 1, 1990 - and not delivered, as requested by the employee for the period 1983-1999. In this regard, the Court stated that it supported the territorial qualification made by this Court in its Judgement No 9154, 1998, regarding the nature of salary benefit provided by the agreements mentioned (ie the provision each year to employees of clothing to wear during the service) with a consequent right to damages in case of default. Default which the Court found in the behavior of society, considering not grounds for arguing this defense according to which the non-delivery of clothing would depend on the failure to collect the same from interested parties within the deadline, but by limiting the extent of compensation than that required in the alternative (which took account of the settlement agreement of June 1, 1990 for the period from 1983 to the entire previous year 1990), "cleansed of the issue on prescription, having considered the prospect of COTRAL also established that the damage can not consist purely and sempliciter at the equivalent of the clothing in question, for the purchase of which was, moreover, provided a cost-sharing also by workers. " Against that decision to appeal FA now proposed, with a single article motivo.Resiste the application for revocation of Judgement, the METRO spa ritual defense. Reasons for Decision

Col FA action concerns the infringement and false application of Articles. 2943 and 2948 cod. Civ., January 8, 1931, RD, No 148, Art. 10, all. A) as amended by Law July 24, 1957, No 633 as well as the failure, inadequate and contradictory grounds of the appeal. In answering (partly according to the scheme of the contested decision) the objection of limitation, the Territorial Court has omitted to consider, in accepting the alternative claim, that, like the agreement of June 1, 1990, in acts relating thereto The agreements of July 9, 1972 and March 1, 1990 were partially waived with the expectation of a reduced distribution of clothing, "to amnesty for past dues until the end of the year 1990." Therefore, given the nature of settlement, and novation agreement, the plea of \u200b\u200bprescription (ten, according to the applicant, in the case of a breach of contractual obligations) was believed to be unfounded, the limitation period from June 1, 1990 and having been interrupted, as evidenced by acts, with questions of April 22, 1991, 20 December 1995 and August 9, 2000, since then the application instituting the proceedings was served on June 21, 2001. Finally, the applicants would not understand the reasoning followed to reach the reduced amount of € 826.33 compared to that, while required in the alternative, Euro 3,150.39, since no indication of the time period to which it relates and the compensation of the criteria for its determination. The applicant concludes with the request for annulment of the contested decision, by any legal consequences. The action is infondato.Va immediately noted that the applicant, under the rule of self-sufficiency of the appeal (on which see., Most recently, Cass. Nn. 5043/09, 4823/09 and 338/09), should have inferred to have promptly countered, with the findings of fact and law proposed today, the plea of \u200b\u200bprescription five years proposed by the company at first instance and on appeal to have renewed its normal course defense. Failing that, the defenses must be considered late and can not find entry here of legitimacy. As for the deduction of incomprehensibility of the decision, once accepted the plea of \u200b\u200blimitation of five years, the appellate courts have settled the amount for the last five years from the commencement of the action, which occurred in May-June 2001, then starting from 1996 and until the year 1999 (end date of the application), following the criteria set out at the same time indicated in the application and appeal, namely by multiplying the value of L. 500,000 given by F. annually due to the dress for four years from 1996 to 1999 are considered not to be used and the result of purifying 20% (representing the percentage of costs borne by the worker's clothing), as in fact already made in the application instituting the proceedings (for which the consideration is unnecessary if the Court declares to accept about the prospects of companies) and again in overall terms in the conclusions taken on appeal and reported in the sentence. The result, L. Corresponds to 1,600,000 Euro 826.33 paid in the sentence. Although a very brief reasons, the sentence thus contains all the elements in order to understand the correct reasoning in determining the quantum paid. The appeal must be rejected. The exhibition and all the above arguments support the decision of the parties to fully compensate the costs of this review.

PQM

The Court rejects the appeal, the parties fully offset the costs of this review.

Decided in Rome, November 11, 2009.

deposited at the Registry December 15, 2009

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loss of revenue by improper handling of AUTO SERVICE

loss of revenue

IS THE USE OF IMPROPER SERVICE CARS AND DRIVERS OF ADMINISTRATION ( Court of Auditors) No. 497/20009

ITALIANAIN NAME OF THE PEOPLE REPUBLIC OF ITALIANOLA CONTISEZIONE JUDICIAL COURT For Tuscany
consists of the following judges:-makes the following

Judgement on liability trial, registered as No. - Registry Office, initiated at the request of the Regional Prosecutor against Dr.@@@@ @@@@@@@, born ---, represented and defended by the lawyer .-- legal counsel address for service in Florence at the Secretariat of the Court for a writ of view of the Deputy Procurator-General dated 22 December 2008; heard in public hearing on May 27, 2009, the report of the examination of all records and documents of the case; Considered in
FACT
By summons of 22 December 2008, the Regional Public Prosecutor in this Chamber has sued Dr. .@@@@@@@@@@@to hear in order to pay for the Interior Ministry of the total sum of €. 26,900.00 (or as otherwise deemed appropriate by the college) in addition to adjustment for inflation until the date of conviction, statutory interest from that date to content and cost of giudizio.Detto amount, the claim of the plaintiff, would be loss of revenue under the profile of financial loss in the narrow sense (€. 1900.00) and damage to the image (€ .25.000,00) suffered by that Administration statale.I historical facts, in part challenged by the defendant, indicated that its ruling of 16 June 2008 the Court of Appeals Florence, Criminal Division II, a partial reform of the ruling n.358 dated April 11, 2007 the Court of Livorno said the defendant guilty of the crimes ascribed to him in head A) and E) of imputation (in confirmation of this sentence first aid) and F) (in this partial reform of the ruling of first instance and upheld the appeal of the PM) and ordered the same penalty of nine months' imprisonment in the rest of confirming the decision under appeal (including the imposition of sanctions ancillary disqualification from public office for a term of one year). The charges for which@@@@@was found guilty so are raised in the request for trial May 6, 2004 issued by the Prosecutor of the Republic of Livorno: "... the crimes referred to in Articles 81 para, 110, 314 and a second co. Cp appropriated because ... [no] of cars assigned to the Ministry of Interior and Police of Livorno in Livorno Prefecture to use and work performance of staff of the State Police charge of driving cars and using the same ... for personal reasons unrelated the tasks of organization and on many occasions outside the provincial jurisdiction, namely: a) the placing or@@@@@allowed that person outside the administration (the wife) was normally carried by car Lancia K tg - tg ---- Alfa Romeo 166 and the vehicle appear to have inter alia trip to Montecatini Terme (Pistoia province) in the following days: 11.1.2002, 12.1.2002, 03.02.2002, 09.03.2003 , 18/05/2002, 22/05/2002, 06/11/2002, 14/06/2002, 17/06/2002, 21/06/2002, 06/24/2002, 27/06/2002, 17/07/2002, 07/21/2002, 10/09/2002, 12/05/2002, 23:12 .2002., 11.01.2003, 18.01.2003, 23.05.2003, 08.06.2003, 21.06.2003, 25.09.2003 - omissis-e) the placing@@@@@or otherwise allowing the use of ' service car that came to the island of Elba and the driver Viceprefettura@@@@@@@@@@the usual accompanying of people outside the administration (including the wife and sister, who was accompanied on three occasions and from Follonica train station) and for purposes unrelated to the service; f) the placing or otherwise@@@@@ allowing the use of personnel working at the UTG Livorno - in particular the maintenance dell'addetto@@@@@@@@@@- for work on storing your boat, and so providers also intentionally with such conduct, in violation of the above in their capacity as public officials and the conduct of their duties to himself and to others an unfair financial advantage to the harm of the public administration.. A compared to the above, the Regional Public Prosecutor has issued an invitation to provide deductions provided by art. 5, paragraph 1 of Decree-Law of 15 November 1993, n.453, converted with amendments into law January 14, 1994, No. 19, duly served on 6 August 2008.In particular, the Attorney actress, through the conduct described - for which the sentence - Dr. .@@@@@@@@@@@Administration of the Interior would have caused a loss of revenue, which must be called to account by way of fraud (not necessarily coinciding with the criminal wrongfulness of the act) or otherwise, in the unlikely event you should fail or whatever criminal liability, gross negligence in the following amounts as quantified by the prosecution: "a) € .1.900,00 strictly for damage compensation, relative (€ .300,00) expenditures for the undue use of the car service (fuel, tolls , etc..) and (€ .1.600,00) undue use of the energies of the employee working@@@@@@@@@@falling outside those duties in service for 10-15 mornings (then about 2 / 3 the energy to work paid gross in a month for a working week of 36 hours per week). b) € .25.000,00 for reputational damage resulting from the disgrace incurred by the authority as a result of knowledge by the public Citizens and businesses (see news release) and of the conduct ascribed to@@@@@criminal proceedings against him and convictions have occurred. "In the time allowed by the prosecution in that invitation, the dr. @ @ @@@@@@@@hearing was heard on October 27, 2008 and filed pleadings in this forum and documentation to support its argument difensive.Valutate not exhaustive of the arguments mentioned above has been formalized this action responsibility by the notification of the ritual citazione.Al about the defendant before the court by filing briefs (essentially similar to those filed during the hearing) and further production document on 30 April 2009.In the outset has been suggested the opportunity to stay the present proceedings because "the facts in dispute are perfectly identical in their fundamental framework, those who at first characterized the investigation of PM ... .... " On the merits were raised objections with regard to: 1) limitation. In this case, since there was intentional concealment, the starting point of limitation from the commission of the crime for which all the episodes, except that due to the September 25 2003, would be consumed before the law quinquiennio following notification of the invitation to infer occurred August 6 2008.2) groundless action. accusatory The thesis is based on "criminal judicial dictum" that the state would not be covered even considered that should apply here, according to the defendant, the same arguments in the application for Cassation (judged by the way this reserve stems from the deposit of the reasons given that the device has been made at the hearing of the Supreme Court of April 15, 2009). During the discussions the oral legal counsel reiterated the request for suspension of this trial in As the Court of Cassation ruling today (May 27, 2009) have not yet been filed would have outweighed all the heads of the sentence except Chapter A). Considering also that the Court of Livorno was ruled out of harm's of Public Administration, you should check the reasons of the Supreme Corte.Diversamente arguing the prosecutor stressed the fact that the dossier would be fully trained and therefore , there would be no substantial grounds to suspend this giudizio.Al about the college, after retiring in closed session, rejected the application for a stay by inviting them to specify their richieste.Nel sponsoring the merits of the case addressed the significance of the issue on compensation for the damage, according to the defense, would follow the facts objectively meritorious service that the defendant has put in place during its performance is lavorativa.Si professional conduct (of which more motivated in part) that the prosecutor can not elide the difference in a loss of revenue expected under the stesso.Analoga divergence of views was expressed regarding the issue on prescription based on the familiar question of identifying the starting point prescrizionale.Su these premises and arguments in the trial has gone in decisione.Considerato
LAW
In the College operated on the alleged existence fully evaluate the integral elements of responsibility for administrative and accounting assumptions. Firstly there is no doubt that the defendant, at the time, was linked to the State Administration from an employment relationship with the simultaneous submission to the jurisdiction of this Corte.Dirimente is, however, the identification of the existence or not of a loss of revenue can be operated according to the principles that govern any action for damages contabile.In preliminary and must be addressed PRESCRIZIONE.Secondo resolved the issue on the claim of the defendant all the facts would be required as shareholders only after the invitation to deduct on 6 August 2008, more exactly residuare only the fact (I use "private" of vehicle) materially occurred on September 25th 2003.In fact the whole affair was the subject of criminal investigation by the principle that ex art.1 - Paragraph 2 of Law 20/94 which states that, in the case of intentional concealment of facts, time begins from the date of discovery. In this respect also the case law more favorable to the defendant is important, if not res judicata of the sentence (see Sec. 124/A/03 No App Sicily), at least for trial (see Sec. The No 377/A/05 - Sec. 208/A/03 No II), namely formalized May 6, 2004, for which this action for damages was filed August 6, 2008 and, therefore, largely to ' inside of quinquiennio of limitation. Speaking of the affair, in terms of events led the case, however, already screened by the criminal court, while not been established in their total and complete fact (the way to the Supreme Court set aside the so-called leaders of the E and F of the Judgement of Appeals has been achieved only by mere lapse of time) still incorporate violations of the service relationship, trade unions sede.In effects in this criminal court has always recognized the existence of facts (A Chapter of the Judgement of Appeals) that the defendant can and should be held accountable on this justice contabile.Come is known the concept of administrative responsibility is side by side (not replace) the possible criminal liability and disciplinary action and, in this case, the head A) allocation was established as embezzlement CP ex art.314 at first instance (p. 5 et seq.'s ruling Trib Livorno No 358/2007) and retrained in abuse of office art. 323 cp, then it is confirmed on appeal (p. 10 et seq.'s Ruling Florence App No 1940/2008) and in the final in criminal Cassazione.In showed the use of state vehicles for non institutional and here the frequency of such "abuse of office", the exact temporalization of the facts is of no effect as far overshadowed by conditioning difesa.Ciò said the findings, in terms of causation 'is clearly attributable to the defendant to anything detecting human motivation, however, supported by mere assertions apodictic (Accusations by employees motivated by a grudge against Dr. .@@@@@@@@@@@@) that, as such, can not rise nor extenuating circumstance nor was attenuante.Si of actions taken in repeatedly with malicious animus (or at least characterized by gross negligence) and flagrant violation and disregard of the rules governing the use of assets and resources of Directors pubblica.In ultimately found that on several occasions ordered the defendant 's Use (the "abuse") vehicles of Directors for the carriage of their spouse to Livorno and / or Montecatini Terme to texts personali.I mere duties enforced by the criminal courts have accepted the facts without being able to pinpoint the time period that, as a whole, covers about 20 months and this has been called to respond to Dr. .@@@@@@@@@@@@. In terms of the amount of damages defense objects to the reconstruction made by Procura.In First you have to acknowledge that the plaintiff attorney declined to prosecute criminal cases that could not be substantiated criminal investigation (criminal charges for various reasons were not accepted by the judge.) Limited Therefore, the period of investigation to cases where the use of motor vehicles for personal purposes, the first type of action is to give damages for expenses dirette.Come illustrated narrative was quantified the amount on fuel costs and road tolls as well as the proportion of hourly pay of drivers involved in the transfers "illegitimate." Besides the above, the prosecutor asked the rest of the cd image resulting from the damage attributed to each defendant Dr. .@@@ @ @ @@@@@@@. As we know the damage to the image of the Administration is in a loss which, although does not include a reduction in direct investment, it is likely to asset evaluation as the conduct of the defendant is derived from damage to property legally rilevante.Il damage to the image, as reiterated by the United Chambers of the Court of Auditors with sentence # 10/QM/2003 is compensable regardless of the cost of restoring the legal right infringed and equitable assessment may be settled in accordance with art. 1226 Civil Code. Even on the basis of presumptive evidence and refer indiziarie.Al about the contents, as well as the jurisprudence of this Section (nn.514/08, 596/08, 597/08, 249/09), the Recent rulings made by the central section of Appeal (section n.209 of May 9, 2008 - II, Part no.106 of March 31, 2008 - Sez.III n.73 of 26 March 2007 - 174 29 Sez.Sicilia April 2008). In this case the defendant's illegal activities is no doubt, unequivocally opposed to their official duties and is likely to inform public opinion in a sense of distrust in the activities of public employee. For this case, modulated on the relevance and role of public authorities covered by the defendant (Prefect of the Republic), the Board believes intervened compromising image of the Administration that, regardless of the significance and the expenditure required to restore itself, has effect immediately negative effects produced by the spread of malicious and criminal news event, at least on the community locale.L 'collective imagination, the ability of perception of the civic community, is to become aware of the fact that it is detrimental not only perpetrated in against the public administration but that it has been boosted significantly, in its implementation, by its conduct from persons responsible for organ and / or offices of the same Amministrazione.Per above on the quantum, first, to be refused COMPENSATION The contended that here (according to the thesis defense) should take account of facts for which the defendant (see memorandum filed during the hearing employees) would have made the Administration utility is economically valutabili.Si (among others) to work on the area of \u200b\u200bcivil protection, emergency waste, emergency water supply, environmental restoration and turistico.Senza anything away from the goodness initiatives completed by the defendant, the Board evaluates the same fall in the performance of particular and specific duties related to the function performed by a Prefect of the first classe.In other words, the concept of compensation established by Article 1, paragraph 1 - bis of Law 20/94 requires identity of cause, a fact not found in the defendant's employment history (which is only stated and not documented). In light of the foregoing, the Board considers that it must act on an equitable basis for the uncertainties on the number correct the alleged incidents necessarily lead to a charge, for any direct, less than claimed by the prosecution attrice.Parimenti in terms of damage to the image, evaluated and found to spread the news in the press and media as characterized by an index of attention, however, objectively important but "mitigated" by the reduced extent of amplification of the same as merely a local context (see Annex No.23 of the deposit note No. 1 of 23 December 2008), the Board considers proper reduction, as a whole, the overall loss of revenue claimed to € 20,000.00 (twenty thousand/00). The condemnation follows the obligation of paying proceedings. FOR THESE REASONS


the jurisdiction of the Tuscany Region Chamber of the Court of Auditors, finally saying in partial compliance with the conclusions the prosecution, sentencing the defendant to pay the amount dr .@@@@@@@@@@@inclusive of € .20.000,00 (twenty thousand/00), all amounts in favor of the Administration 's Interno.Su such sums shall be paid statutory interest from the filing of this decision until full payment of court costs soddisfo.Segue that up to this Decision shall be paid in Euro .= 276.27 (Euro duecentosettantasei/27. =) Send to the Secretariat of Communications and notifications Rite Decided in Florence, in chambers on May 27, 2009. Filed in the Secretary
August 3, 2009

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Happy New Year 2010

Resume.
A blog is not updated, is not a blog. Of course, the main rule is always the same: when you have nothing to say it is preferable to remain silent. But, as I would like this space is a bit 'monitors the heartbeat of this Section FICIESSE Anagnina Rome, with the beginning of 2010, I would try to turn the switch and see if it works. Thank you and Happy New Year to all.