War at the building, eviction to the “CoItal” – breaking latest news

BELLIZZI. The judges of the Tar reject the appeal of the “CoItal” on the management of the municipal sports center, the “Pala Berlinguer” in Bellizzi. The togas of Largo San Tommaso have pronounced the sentence relating to a story that has its roots in 2011. At the time of the events, the Authority of via Manin issued a procedure for the management of the municipal sports center. “CoItal srl” won it in 2012. And two years later, with the works already completed, the company communicated the sale of the business branch to “CoItal Impianti Sportivi srl”, with which the administration stipulated the contract. In 2015 the Municipality of Bellizzi contested the non-fulfillment and the termination of the contract.
But in the meantime, the sports association “Blue System”, which did not appear in court, as an auxiliary company of “CoItal”, communicated the bankruptcy of the latter and that it had not assumed any commitment to the new “CoItal Impianti Sportsmen “. The final project of the works carried out, and of those to be carried out, was delivered at the end of 2015 highlighting the construction costs for a total of 777 thousand euros, including the costs deriving from the use of the center by the “Asd Basket Bellizzi”. In March 2016, with a resolution of the city council, at the time it was already there by the mayor Mimmo Volpe, the administration contested various breaches: failure to pay 10 percent of the concession fee, failure to comply with the obligation to hire five work units for the management of the sports center, the execution of the works in deviation and without authorization and the inconsistency between the amount determined by the contracting authority, the Municipality in that case, set at approximately 140 thousand euros, and that reported by the company, more than five times higher.
“Serious contractual breaches”, reads the sentence signed by the president Leonardo Pasanisi and by the extender Raffaele Esposito, for which the Authority asked for the contractual termination and ordered the evacuation and return of the plant within 30 days. The company opposed, citing various reasons, including the refusal to be hired by the units summoned by the previous manager and the damages for the work carried out but not paid in addition to the loss of earnings deriving from the interruption of the management of the building at a later time. at the start-up phase. The “CoItal” therefore asked for the cancellation of the measures adopted.
And the Tar Salerno, with an order to this, ordered the suspension of the effectiveness of the eviction of the sports facility, postponing the decision and setting a public hearing. It had to wait until May 5, 2021, before the togas of Largo San Tommaso were pronounced. To convince the magistrates of the groundlessness of the appeal presented by “CoItal” was the failure to pay three consecutive six-monthly installments, which authorizes the administration to ask for the termination of the contract. “The appellant did not contest this specific profile,” the judges write. The appeal is inadmissible, and now the “CoItal” has been sentenced to pay the legal costs to the Municipality of Bellizzi, paid in 4 thousand euros, in addition to general expenses.
Paolo Vacca
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