News
Annulment of acts of the Public Administration beyond the deadline of art. 21-nonies of Law no. 241/1990
- 07/08/2018
The Consiglio di Stato, by Judgment no. 3940 of 27th June 2018, has dealt with the issue of the annulment of an act issued by the Public Administration when the deadline set forth in art. 21-nonies of Law no. 241/1990 has already expired.
The Consiglio di Stato has then stated that paragraph 2-bis of the said article must be interpreted in the sense that such annulment is allowed, firstly, when a false attestation, regarding the requirements for the issuance of an act, is the result of a criminally relevant conduct; secondly, when the existence of mistaken requirements for the issuance of an act is not attributable to the Public Administration but only to a willful conduct of a party.
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