It is up to the TAR of Calabria to evaluate the legitimacy of the environmental impact assessment provision adopted by the Ministry of the Environment on 22 October 2019 on the project for the construction of a docking pier for ferries in Pentimele. This was sanctioned by the Lazio Regional Administrative Court (second ter section, president and drafter Donatella Scala, councilors Achille Sinatra and Francesca Mariani), which expressed its opinion with a collegial order on the appeal proposed by the Reggio Municipality.
Already at the beginning of 2021, the Capitoline administrative judges had rejected the precautionary request proposed by the Reggio administration, arguing at the time the lack of “the requirement of periculum in mora, understood as an imminent risk of serious and irreparable damage for the reasons of the appellant »; during the discussion of the merits of the appeal, the Regional Administrative Court of Lazio was called to decide on the exception of territorial incompetence proposed by the companies “Diano” and “Caronte & Tourist”. Both argued that the Calabrian judges should decide on the measures challenged by the Municipality, since, even if issued by a central authority, they are in any case intended to produce their effects solely within the territorial scope of the port of Reggio.
