Genoa railway junction, Tar boccia resort Steelworks of Italy – Liguria
Inadmissible.Ok expropriations and temporary occupations RFI Ilva areas
(ANSA) – ROME, MAY 10 – The TAR of Liguria has judged “inadmissible” the appeal with which the company Acciaierie d’Italia spa (formerly Arcelor Mittal Italia spa) approved the acts of July 2020 with which RFi approved the project final link between the Genoa airport and the Ferrovia Gate as part of the Genoa railway junction and subsequent amendments to the same project. The TAR in the sentence recalls that “AdI has acquired from Ilva in extraordinary administration the rent, with obligation to purchase, of the company branch including, among others, the Genoa Cornigliano steel plant”.
“The execution of the project for the appellant company would be detrimental to the business activity in the Cornigliano steel plant in terms of limiting the use of the railway system, also in light of four further projects (extension of the elevated port bridge, new viaduct La Superba, in the safety of the viaduct via Pionieri d’Italia and the Gronda doubling project of the A 10 motorway) “, explains the Tar, summarizing the thesis of Acciaierie d’Italia which in August 2021 also challenged the acts with which Rfi ordered a temporary emergency occupation of one year for a part of the buildings, for another part instead preordained for expropriation, also relating to the project for the demolition and reconstruction of the overpass on via Siffredi. “Only real rights over what others give the owner an absolute legal position, that is protectable erga omnes (therefore, also against the expropriating authority) – explains the TAR in the sentence – Not so personal rights of enjoyment, such as rent . Hence the inadmissibility of the appeal due to lack of legitimacy, since AdI is not allowed to assert in its own name a right of Ilva spa, owner of the expropriated and occupied assets, which has not even been evoked in court “. The TAR also sentenced AdI to pay 6 thousand euros in court fees. (HANDLE).
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