A List Of Different Woods#

Constitutional Court Judgement: illegal sewage fee.

Saturday 5 sttembre 2009 Mr. Michael Anthony Giliberti .

The Constitutional Court with the decision No. 335 of 11 / 10/2008 redesigns, the relationship between utilities and consumers. The Judgement has related to the disputed treatment fee, establishing the principle that if the local council are not active for water purifiers waste, the share of the bill for purification should not be paid by citizens.

The Constitutional Court, asked to rule on the legality of the payment of the sewage in the water bills as a result of action brought by a citizen against the amounts paid to the company providing water supply for a service not rendered, declared the constitutional illegitimacy of article. 14, paragraph 1, Law of 5 January 1994, n. 36 (provisions relating to water resources), both in the original text, both as amended by art. 28 of the Law of 31 July 2002, 179 (provisions relating to the environment) insofar as it provides that the share reference to the service rate of sewage is caused by users 'even if the drain is without a centralized sewage treatment plants or they are temporarily inactive' he said, also, pursuant to art. Law 27 of March 11, 1953, No 87, declares that Article. 155, first paragraph, first sentence of the legislative decree of 3 April 2006, no 152 (Environmental Regulations), to the extent it provides that the share price related to the service of sewage is caused by users' even where treatment plants are missing or they are dormant. "

In this case, the Court held that the amount in question until now required for all users of the water supply, following the ruling of the Supreme Court No 96 of 01.04.2005, shall not constitute a charge, but payment for a service which, in cases where the facilities are lacking, be refused. All this is contrary to Article 3 of the Constitution because it discriminates against those who pay the price without receiving the service. In light of this ruling the law firm Giliberti & Partners, to seek clarifications from the very beginning of Solofra Irno Service Spa, in respect of payment of the fee of purification, together with all the right tools to ' to recover amounts wrongfully paid by the users to share voice and sewage treatment in municipalities where there are no related equipment. E 'activated a field of study who will instruct any claims for damage to property or otherwise, caused to citizens by the malfunction of the service of collection and allocation of payments. There are various hardships suffered by you from the beginning of the year, with continuous demands for payment, behind front and poor competence of the management bodies of the various services (water, gas, sewage, etc...)