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The Council of State overturns the sentence of the REGIONAL ADMINISTRATIVE COURT Latium that had blocked the cession of Siremar to Company of the Islands
It is considered to regulate the development of the concorsuale procedure and legitimate the deposited surety bonds
July 19, 2012
The sixth Section of the Council of State, with decree deposited yesterday that we publish below, has received the introduced precautionary request from Company of Islands (CDI) for the reform of the sentence of the Regional administrative court for the Latium with which last month the resource introduced from Society was received Sicilian Navigation against the award of the company of Siremar navigation to the Company of the Islands ( of the 11 june 2012) and therefore it has suspended the effectiveness of the sentence.
The Council of State has considered that "controgaranzia" on October 12, 2011 of the Sicily Region addressed to Unicredit "it does not appear, to the state, being is suitable to forge the rules of discipline of the concorsuale procedure".
Company of the Islands, society presided from the shipowner Salvatore Lauro, has emphasized that the decree gives again "full load value to the contract of cession stipulated until from the October last year" and that "not sussistono at this point other impediments to the subscription of the "Convention" with the Economy and Ministries of Transportation for the necessary support to the enterprise, condition contractually previewed for the material confidence of the Siremar to the Company".
Company of the Islands has remembered own engagement of an entire maintenance and improvement of the marine lines managed by the Siremar, let alone of naval means and the conservation of all the dependent currently in force.
ITALIAN REPUBLIC
The Council of State
in jurisdictional center (Section Sixth)
it has pronounced anticipates
DECREE
on the resource number of general registry 4806 of 2012, proposed they give:
Company of the Islands s.p.a., in person of the legal representative, represented and defended from lawyers Fabio Cintioli, Giuseppe Gitto, Mario Santaroni, Massimiliano Mangano and Giorgio Fraccastoro, with address which elected near first in Rome, via Pays wages to, 259;
against
Society Sicilian Navigation s.p.a., in person of the legal representative, represented and defended from lawyers Angelo Clarizia, Federico Tedeschini, Andrea Abbamonte, with address which elected near first in Rome, via Prince Clotilde, 2;
Ministry of the Economic Development, in person of the Minister pro tempore, represented and defended from the general Legal profession of the State, domiciled for law in Rome, via of the Portugueses, 12;
Siremar - Sicilian Regional Shipping Company s.p.a., in person of the legal representative, represented and defended from lawyers Aristide Police, Marco Annoni and Giulio Angeloni, with address which elected near first in Rome, via of Villa Sacchetti, 11;
regarding
Holding Mediterranean s.p.a., Commissioner Straordinario of the Siremar s.p.a., Committee of Surveillance of the Siremar s.p.a in a.s., Sicily Region, Councillorship Economy of the Sicilian Region, Unicredit s.p.a.;
for the reform
how much to both resources n. 4806 and n. 4809 of 2012:
of the sentence of the Regional administrative court for the Latium, Third Section, 7 june 2012, n. 5172.
Seen the resources in appeal and relative the attached ones;
seen art. the 98 cod. proc. amm.;
seen the certificates of incorporation;
seen the defensive memories;
visas all the actions of the cause;
seen the question of suspension of the effectiveness of the sentence of the Regional administrative court of acceptation of the resource first degree, introduced in incident way from the appellant part;
reporter in the Council Chamber of the day 17 July the 2012 Cons. Vincenzo Lopilato and hearings for the parts the lawyers Mangano, Santaroni, Fraccastoro, Cintioli, Gitto, Abbamonte, Clarizia, Tedeschini, Police, Annoni, Angeloni, Won and the lawyer of the State Faithful De Bonis.
Considered, to the outcome of a highly summarized tasting own of the precautionary phase, than "controgaranzia" on October 12, 2011 of the Sicily Region addressed to Unicredit – in reason of the legal nature of the returned declaration, of its effectiveness, the lack of a nexus of external importance with the performance of guarantee, pairs given, of Unicredit, let alone of the next actions of revocation of the foretold one "controgaranzia" – it does not appear, to the state, being it are suitable to forge the rules of discipline of the concorsuale procedure;
that, moreover, had with regard to the interests altogether implied from the event under investigation, from the execution of the sentence a serious prejudice also in consideration of the renovation of the procedure could derive under investigation.
P.Q.M.
The Council of State, in jurisdictional center, Section Sixth, reunited the appeals indicated in epigraph, receives the precautionary request and, for the effect, it suspends the effectiveness of the appealled sentence.
The trial-like expenses of anticipate precautionary phase are compensated.
Decree anticipates will be executed by the Administration and is deposited near the secretariat of the Section that provvederà to giving of communication to the parts.
So decided in Rome in the Council Chamber of the day 17 July 2012 with the participation of the magistrates:
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The sixth Section of the Council of State, with decree deposited yesterday that we publish below, has received the introduced precautionary request from Company of Islands (CDI) for the reform of the sentence of the Regional administrative court for the Latium with which last month the resource introduced from Society was received Sicilian Navigation against the award of the company of Siremar navigation to the Company of the Islands 
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
