Without prejudice to the mandatory needs of public safety, the municipal administration of Cosenza will have to evaluate whether there are alternative solutions to the municipal provision of “suspension” of the concession for the use of the San Vito Stadium during the construction phase.
Thus the Council of State in the precautionary order with which it accepted the appeal requests formulated by Cosenza Calcio to contest the order of the Regional Administrative Court of Calabria which on 31 July had rejected its precautionary request for suspension of the rejection of the application for the license to use the San Vito Stadium.
The Statio Council considered that «the suspension for 18 months of the existing concession between the municipal administration and Cosenza Calcio Srl could have irreversible consequences for the appellant club in terms of image, sporting and economic results», as well as that «the use of the Crotone stadium, both because it is located over 100 km away from Cosenza, in a context in which, at present, there are no stable direct rail connections between the two cities, and due to the existence of a documented rivalry between the opposing groups of fans, it appears difficult to practise”.
Therefore, “without prejudice to the mandatory needs of public safety, the municipal administration must be urged to evaluate whether there are alternative solutions to the municipal provision of “suspension” of the concession for the use of the stadium during the construction phase and whether it is possible to identify requirements, capacity limitations, separation of construction areas, special scheduling of works that allow the use of the structure”.
These solutions would be the same “that the tender documentation had expressly valorised, rewarding the successful tenderer’s ability to ensure in the best way the separation of the areas and the continuity of the official sporting activities already ordinarily provided for in the tender documentation”. The effect is that “the contested provision must be consequently suspended”.
Caruso and Mazzuca: “We adapt to the ordinance”
“We take note of the decision of the Council of State and we can do nothing but adapt to the order of the judicial body”.
Mayor Franz Caruso and the President of the City Council Giuseppe Mazzuca thus commented on the provision of the Council of State. “We cannot blame ourselves for anything – reiterated Franz Caruso and Giuseppe Mazzuca – as we have done everything we thought was right to do in the given conditions. Now we are in the presence of the decision of a judge that we may not agree with, but which we respect”.