It should be noted that the sentences of the Lazio TAR relating to the following proceedings:
-
JT International Italy/ Health, Economy and Customs and Monopolies Agency – Judgment of the Lazio TAR n. 2292/2023 deposited on 10-2-2023
-
FLAVORS4YOU/ Health, Economy and Customs and Monopolies Agency – Judgment of the Lazio TAR n. 2287/2023 deposited on 10-2-2023 -31148/2022
they confirmed the legitimacy of the retroactivity of tariffs established with ministerial decree 7 March 2022, since the provision for the determination of the tariff has already been identified by art. 30 of d.lgs. 6/2016. The same sentences therefore confirmed the obligation to pay the tariff, however ordering an in-depth investigation aimed at better specifying the entity of the amounts for each year on the basis of the actual cost of the service.
It is therefore necessary for the Ministry of Health and the Ministry of the Economy to provide for the definition of a new Interministerial Decree which takes into account the sentences of the TAR and identifies the new tariffs.
Following the adoption of the new interministerial decree reporting the revaluation of the amounts due, any excess amounts will be returned to the producers and distributors who have already paid the due tariffs.
Read more