The REGIONAL ADMINISTRATIVE COURT Apulia confirmation the regularity of the nomination of Marian to president of the Harbour Authority of Bari



The Regional administrative court for the Apulia - Bari, the Section, with deposited sentence today, has declared inadmissible the resource proposed by Manlio Guadagnuolo against the nomination of Francesco Mariani to president of the Harbour Authority of Bari asking the cancellation for decrees on 7 June of the minister of Infrastructures and the Transports with which the nomination is conferred. Guadagnuolo, former managing director of Bari Porto Mediterraneo (BPM), was indicated which candidated to the presidency of the harbour agency from the Chamber of Commerce of Bari.

The REGIONAL ADMINISTRATIVE COURT has found that the ministry has not been formed and that the resource erroneously is notified near the General Legal profession of the State in Rome rather than, as previews the law, near the District Legal profession of the State of Bari. The administrative judge, considered that the erroneous notification is from considering chargeable exclusively to the recurrent part, has considered that it is not possible to come to an agreement a term for the renovation of the notification.

Moreover the precise sentence, "for thoroughness, than the resource it does not appear in any case founded in the merit, as the nomination of Francesco Palmiro Mariani to president of the Harbour Authority of Bari it turns out happened in the respect of the procedure and subjective requirement of which to art. the 8 of the law n. 84 of 1994 and, on the other hand, not sussisterebbe impediment to the nomination for the single one allegated presence of a deficit in the consuntivo of 2010 (being such circumstance, moreover, wide contested from the resistant parts, on the base of art. 36 of the regulations of administration and accountings of the Harbour Authority of Bari)".

Guadagnuolo moreover is condemned to the payment of the expenses of judgment in favour of the Region Apulia, of the Harbour Authority and Marian, to everyone in the measure of 2.000 euros.

In a note the president of from Bari harbour agency Marian has manifested "satisfaction for the definition of the controversy, considering - he has explained - than the heavy failure of Guadagnuolo derives from the tactical choice to attend the last day useful in order to introduce the resource, in the vain search of a consent around its initiative, than he has instead not manifested himself". Marian he has emphasized that he will continue the just profitable started job "with the recent approval of the Triennial Operations plan, adopted last month of september from the Harbour Committee, in order to consolidate the role of the port as determining factor for the development of the territory, role that finds confirmation in the positive data of increment of the traffics".