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The T.A.R. Tuscany, section II, with sentence no. 783 of 23 June 2020 established that the subjective element of the "guilt of the apparatus" exists when, in the face of the evident expansion of the procedural time, the Administration offers no particular justification except an apodictic reference to the "complexity of the procedure" itself and the "nature of the public interests to be protected", without highlighting specific reasons that led to the delay. The industrious behavior required of the interested party, based on ordinary diligence, does not include activities involving sacrifices, disbursements or risk-taking such as the experiment of a judicial action, which represents an explanation of a mere faculty with an uncertain outcome. In the list of actions that the debtor has the burden of performing to avoid the aggravation of the damage pursuant to art. 1227 c.c. the proposition and cultivation of judicial questions is not included.