The decision of the Court of Crotone: the consortia of municipalities are public bodies and “cannot fail”


By John

The civil section of the Court of Crotone rejected the request of Sorical, the Calabrian water resources company controlled by the Region, for the bankruptcy of Congesi, the consortium of Crotone municipalities that manages the water networks in 14 centers of the province. According to the judges of the civil section, the consortia of municipalities are to be considered to all intents and purposes public bodies and therefore cannot fail even if they have monstrous debts such as that of Congesi towards Sorical. In the decree, signed by the judge Emanuele Agostinipresident of the section as rapporteur (the other judges were Antonio Albenzio And Daniele Lagani), concludes by maintaining “that the Consortia in question fall outside the scope in which it is possible to declare judicial liquidation”. And, although “faced with an undulating jurisprudential framework”, the Court ordered the rejection of the request made by Sorical The bankruptcy request – made in November last year by Sorical, the regional water company – is based on the fact that Congesi has a debt of around 25 million euros accumulated over the years towards the regional company.