The Council of State accepted the position of Auri Umbria (Authority dealing with the water service and integrated waste management), rejecting the appeal presented by Gest S.r.l. regarding Economic- Financial Plans (PEF) approval procedure related to the ascertainment of TARI service dues. Sentence no. 9788/2024 of Council of State IV Section represents an important victory for the Umbrian institution assisted by Tonucci & Partners team made up of Alberto Fantini, Luca Spaziani and Giuseppe De Gregorio.

The case concerned the legitimacy of the procedure regarding the approval of TARI dues, with significant implications from a procedural point of view, stating in particular that a “possible review by the judge that comes between proposed dues and ARERA approval would imply a non exercised power by the latter, thus affecting a not yet current interest in appealing, given ARERA’s power to modify the local institution’s proposal”. Therefore, the sentence reiterated some key principles concerning the matter, definitively clarifying the jurisdiction of ARERA and Local Institutions (such as AURI Umbria) related to  the decision-making process with regard to local public services dues.

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