Tonucci & Partners, with partners Alberto Fantini and Luca Spaziani and the associate Silvia Ciarallo, successfully assisted before the Council of State, in the appeal for a stay order request, the Mortacino Consortium on the withdrawal of a public concession for hydraulic purposes related to the stretch of water for the installation of piers for mooring pleasure boats on a public-owned reclaimed waterway in the Municipality of Terracina, which was ordered on the assumption that the contracts between the Consortium and the consortium members constituted subletting to third parties in contrast with the concession. The Council of State pointed out both the organizational and purely internal nature, and the lack of inter-subjectivity of the contractual relationships put in place, recognizing a serious and irreparable damage deriving from not suspending the measures taken, also in view of the upcoming summer season, in lack, conversely, of any prejudice to public interest.
