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The action against silence/non-performance of the Public Administration: it is excluded for administrative acts concerning spacial planning.

  • 14/10/2019

The Administrative Court of Emilia-Romagna, with judgement of 1 October 2019 has established that, pursuant to articles 117 and 31 c.p.a., it is not possible to appeal against the administration’s silence/non-performance, held by the Administration in relation to an instance of the private, aimed at obtaining the fulfillment of an urban development agreement or the fulfillment of Guidelines for the modification of the urban layout.

The reason lies in the fact that the territorial planning acts have a general content and therefore the possibility of this judicial remedy is excluded.

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