The Council of State reinsedia Haralambides to the guide of the Harbour Authority of Brindisi


With the issued decree yesterday, that we publish below, the Council of State has received the resource introduced from Hercules Haralambides for the reform of the sentence of the Regional administrative court for the Apulia that last june had cancelled the nomination of Haralambides to president of the Harbour Authority of Brindisi (of the 27 june 2012). The decree suspends the esecutività of the sentence of the REGIONAL ADMINISTRATIVE COURT and reinsedia Haralambides to the guide of up to now governed the apulian harbour agency from admiral Ferdinando Lolli in quality of extraordinary commissioner.


ITALIAN REPUBLIC

The Council of State
in jurisdictional center (Fourth Section)

it has pronounced anticipates

DECREE

on the resource number of general registry 5478 of 2012, proposed they give:

Hatalambidis Iraklis, represented and defended from the Avv. Giuseppe M. Giacomini, the Avv. Roberto Damonte and the Avv. Maria Alessandra Sandulli, with election of address near its study in Rome, course Vittorio Emanuele II, 349;

against

Casilli Calogero, represented and defended from the Avv. Romeo Russo, the Avv. Luigi Mariano and the Avv. Fabio Patarnello, with address which elected in Rome near the study of the Avv. Alfredo Placidi, via Cosseria, 2;

regarding

Harbour authority of Brindisi and Ministry of Infrastructures and the Transports, in person of the respective lawyers representatives pro tempore, been formed in judgment, represented and defended from the General Legal profession of the State, domiciliataria ex lege in Rome, via of Portugueses, 12; Region Apulia, Province of Brindisi, Municipality of Brindisi, Chamber of Commerce Industry Handicraft and Agriculture of Brindisi;

for the reform

of the sentence of the T.A.R for the Apulia, Center of C#lecce, Sez. I, n. 1138 dd. 26 june 2012 yield between the parts, concerning the nomination of the President of the Harbour Authority of Brindisi

Seen the resource in appeal and relative the attached ones;
Seen art. the 98 cod. proc. amm.;
Seen the certificates of incorporation in judgment of Calogero Casilli, the Harbour Authority of Brindisi and the Ministry of Infrastructures and the Transports;
Seen the defensive memories;
Approvals all the actions of the cause;
Seen the question of suspension of the effectiveness of the sentence of the Regional administrative court of reiezione of the resource first degree, introduced in incident way from the appellant part;
Reporter in the public audience of the day 8 January 2013 the Cons. Fulvio Rocco and hearings for the appellant Iraklis Hatalambidis the Avv. Roberto Damonte and the Avv. Giuseppe Giacomini, for the Harbour Authority of Brindisi and the Ministry of Infrastructures and the Transports the Lawyer of the Anna Colabolletta State, let alone for named Calogero Casilli the Avv. Fabio Patarnello

Considered of having to arrange the interim suspension of the effectiveness of the sentence appealled in the blackberries of the definition of the prejudicial dismissal to the Law court of former European Union art. 267 of the Treaty on the operation of European Union (TFUE) deliberated from the College in today's date in January 1994 anticipates cause with regard to art. the 8 of 28 L. n. 84 and successive modifications.

P.Q.M.

The Council of State in jurisdictional center (Fourth Section)
it receives in interim way the precautionary request (Rerun number: 5478/2012) and, for the effect, suspend the esecutività of the sentence appealled until the definition of former prejudicial incident art. 267 of the Treaty on the operation of European Union (TFUE).
It integrally compensates between the parts the expenses and the honoraria of it anticipates precautionary phase of the judgment.
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 8 January 2013 with the participation of the magistrates:
Paolo Numerico, President
Sergio De Felice, Councilman
Fabio Taormina, Councilman
Raffaele Potenza, Councilman
Fulvio Rocco, Councilman, Drafter
ITALIAN REPUBLIC

The Council of State
in jurisdictional center (Fourth Section)

it has pronounced anticipates
DECREE
DECREE

on the resource number of general registry 5478 of 2012, proposed they give:

Hatalambidis Iraklis, represented and defended from the Avv. Giuseppe M. Giacomini, the Avv. Roberto Damonte and the Avv. Maria Alessandra Sandulli, with election of address near its study in Rome, course Vittorio Emanuele II, 349;
against
against

Casilli Calogero, represented and defended from the Avv. Romeo Russo, the Avv. Luigi Mariano and the Avv. Fabio Patarnello, with address which elected in Rome near the study of the Avv. Alfredo Placidi, via Cosseria, 2;
regarding
regarding

Harbour authority of Brindisi and Ministry of Infrastructures and the Transports, in person of the respective lawyers representatives pro tempore, been formed in judgment, represented and defended from the General Legal profession of the State, domiciliataria ex lege in Rome, via of Portugueses, 12; Region Apulia, Province of Brindisi, Municipality of Brindisi, Chamber of Commerce Industry Handicraft and Agriculture of Brindisi;
for the reform
for the reform

of the sentence of the T.A.R for the Apulia, Center of C#lecce, Sez. I, n. 1138 dd. 26 june 2012 yield between the parts, concerning the nomination of the President of the Harbour Authority of Brindisi

Seen the resource in appeal and relative the attached ones;
Seen art. the 98 cod. proc. amm.;
Seen the certificates of incorporation in judgment of Calogero Casilli, the Harbour Authority of Brindisi and the Ministry of Infrastructures and the Transports;
Seen the defensive memories;
Approvals all the actions of the cause;
Seen the question of suspension of the effectiveness of the sentence of the Regional administrative court of reiezione of the resource first degree, introduced in incident way from the appellant part;
Reporter in the public audience of the day 8 January 2013 the Cons. Fulvio Rocco and hearings for the appellant Iraklis Hatalambidis the Avv. Roberto Damonte and the Avv. Giuseppe Giacomini, for the Harbour Authority of Brindisi and the Ministry of Infrastructures and the Transports the Lawyer of the Anna Colabolletta State, let alone for named Calogero Casilli the Avv. Fabio Patarnello

Considered of having to arrange the interim suspension of the effectiveness of the sentence appealled in the blackberries of the definition of the prejudicial dismissal to the Law court of former European Union art. 267 of the Treaty on the operation of European Union (TFUE) deliberated from the College in today's date in January 1994 anticipates cause with regard to art. the 8 of 28 L. n. 84 and successive modifications.
P.Q.M.
P.Q.M.

The Council of State in jurisdictional center (Fourth Section)
it receives in interim way the precautionary request (Rerun number: 5478/2012) and, for the effect, suspend the esecutività of the sentence appealled until the definition of former prejudicial incident art. 267 of the Treaty on the operation of European Union (TFUE).
It integrally compensates between the parts the expenses and the honoraria of it anticipates precautionary phase of the judgment.
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 8 January 2013 with the participation of the magistrates:
Paolo Numerico, President
Sergio De Felice, Councilman
Fabio Taormina, Councilman
Raffaele Potenza, Councilman
Fulvio Rocco, Councilman, Drafter

THE DRAFTER

THE PRESIDENT


DEPOSITED IN SECRETARIAT
The 09/01/2013
THE SECRETARY
(Art. 89, Co. 3, cod. proc. amm.)