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Milk quotas, freeze mortgage and farm fines

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Historical ruling of the Council of State on the matter, averted foreclosure. The lawyer Tapparo obtained the suspension of the effectiveness of the sentence

With a historic ruling on the matter, the Council of State has frozen a mortgage of 1.2 million euros and payment notes related to milk quotas for about 600 thousand euros that were incumbent on the Mauro Salbego farm in San Giorgio della Richivelda. Agea, the agency for agricultural disbursements, did not appear in court.

A verdict bodes well for all entrepreneurs who find themselves in the same situation according to the lawyer Cesare Tapparo of the Udine bar, who followed the appeal of the Pordenone company.

Agea announced the registration of a mortgage for 1,210,755.56 euros on the entrepreneur’s real estate, double the payment notes (606,195.36 euros) received by the company for several years of dairy campaigns. The lawyer Tapparo challenged the provision to the TAR, which however rejected the appeal. The lawyer turned to the Council of State, asking for the cancellation of the mortgage registration and the suspension of the effectiveness of the sentence of the Tar.

The Council of State, in the judicial context, considering that «the serious and irreparable damage» exists, given the considerable economic value of the mortgage, accepted the precautionary request and considered it appropriate to suspend, at least in part, the enforceability of the sentence.

More unique than rare, given that in the matter of mortgages the verdicts are usually unfavorable to the applicant and it is even more difficult to snatch a precautionary petition from Rome.

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The Council of State then ordered Agea to “reduce the collateral within the limits of the value proportional to the debt”.

In concrete terms, the verdict made it possible to immediately avoid the conversion of the mortgage into a real estate foreclosure. The San Giorgio farm was saved: without the suspension, it would have risked ending up at auction.

Secondly, with his appeal, the lawyer Tapparo also intended to put the heart of the problem back into play, or to contest the fact that the levies are actually due. How did he do it? Thanks to a link on the legal nature of the mortgage registration, which must be considered “act of implementation of the withdrawal”. The case will be discussed on the merits on July 29th.

The lawyer Tapparo pointed out that compared to 2017, the year in which the San Giorgio breeding resort appealed to the TAR, the landscape has completely changed, after the order of the investigating judge of Rome Paola Di Nicola: both at the Court of Justice of European Union that the Council of State is witnessing a jurisprudential evolution in favor of farmers on milk quotas.

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