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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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"
http://www.ficiesse.it/news.php?id=3634
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