N. 00064/2009 REG.RIC.
N. 00226/2009 REG.SEN.
N. 00226/2009 REG.SEN.
ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE
The Regional Administrative Court of Sardinia
(Section One)
(Section One)
gives the following Judgement
The action number 64 of the General Ledger 2009, proposed by:
Raimondo Congiu, represented and defended by the lawyer. Emily Vargas, with an address at Emily Vargas in Quarryville, via the Serre n.64;
Raimondo Congiu, represented and defended by the lawyer. Emily Vargas, with an address at Emily Vargas in Quarryville, via the Serre n.64;
against
Argeo regional agency managing and delivering agricultural support and ARGE at Oristano, represented by defense lawyer. Fabio Cuccuru you and Marcello Serra, with an address at Fabio Cuccuru in Cagliari, c / o ERSAT - Via Caprera n. 8;;
against
Societa 'Sgaravatti Land Scarl, not formed for the trial;
Company Barroccu Antoinette, not formed for the trial;
Company Barroccu Antoinette, not formed for the trial;
for sentencing
of Sardinia to ensure the exhibition ARGE of all instruments and documents requested by the application of October 15, 2008, with reference to companies Sgaravatti Land Barroccu Scarl and Antoinette, as beneficiaries of the assistance POR Sardinia 2000/2006 Measure 4.9 L, where access has been given negative feedback for these two firms, with a note of Sardinia dell'ARGEA November 25, 2008 - ACCESS DENIAL
ACTS.
Since the action with its annexes;
seen the entry of appearance in court of Argeo Management Agency Regional Supply and agricultural subsidies;
considering the briefs;
seen all the acts of the case;
rapporteur in closed session of the day 11/02/2009 Councillor Grace Flaim;
heard the parties defenders Vargas for the applicant and the ARGE Serra;
held and considered the facts and law as follows:
ACTS.
Since the action with its annexes;
seen the entry of appearance in court of Argeo Management Agency Regional Supply and agricultural subsidies;
considering the briefs;
seen all the acts of the case;
rapporteur in closed session of the day 11/02/2009 Councillor Grace Flaim;
heard the parties defenders Vargas for the applicant and the ARGE Serra;
held and considered the facts and law as follows:
FACT
The applicant, who had (only) a partial acceptance of the grant application, has made application Access all'ARGEA to know In the analogous cases investigated area (nursery). Has been able to inspect the file relating to subjects who had not expressed opposition to entry.
In contrast, for two positions (Sgaravatti Land Scarl and Barroccu Antoinette), the administration decided not to provide insight into how such interests were opposed, arguing that the spread of "business information" would be detrimental. Consequently
ARGE has essentially denied the vision of these two issues.
In contrast, for two positions (Sgaravatti Land Scarl and Barroccu Antoinette), the administration decided not to provide insight into how such interests were opposed, arguing that the spread of "business information" would be detrimental. Consequently
ARGE has essentially denied the vision of these two issues.
LAW
The applicant needs to consult the practices that have been educated from the same office, referring to the same field for which he obtained a (only) a partial contribution.
Against this position the parties have conflicting demands of protection and confidentiality.
The verification of the applicant, however, is an inevitable element in order to check the accuracy and consistency in the investigations conducted by the competent authority.
On the issue will be expressed to the case of first and second degree, which recognized the validity of requests for access by adopting very broad and inclusive interpretation.
"The right of access to administrative documents prevail on the need for confidentiality of the third whenever access is raised for the care or protection of interests Legal applicant as proprietor of a subjective position legally relevant and qualified dall'ordinamento as deserving of protection. "(State Council, sect. V, 13 June 2008, n. 2975).
" Article. 24 paragraph 7, LN 241 of 1990, dominated by defense needs against the need to protect the confidentiality of positions, including industrial and finance "(TAR Lazio Roma, sez. III, 09 September 2008, n. 8186).
" The right of access to administrative documents recognized by Articles. 22 et seq., L. August 7, 1990 No 241 prevails over the confidentiality requirements of the third whenever access is raised for the care or protection of legal interests of the applicant. In this sense, the right There is also access to documents in relation to particularly sensitive data, when pre-ordered the judicial protection of constitutionally protected interests of equal dignity "(TAR Trentino Alto Adige Trento, July 16, 2008, n. 170).
" Article. 13 d.lg. April 12, 2006, No 163, the right of a competitor in a public tender procedure for access to the file right to privacy takes precedence over the other participants. "(TAR Puglia Lecce, sect. II, 09 July 2008, n. 2087).
" Acts, once acquired in the procurement procedure, are now attributable to administration and are essential for the validity of the outcome of the race, with the result that the confidentiality of third parties recedes in the name of administrative fairness, because the participants in the selection have implicitly consented to the comparison of the general requirements owned and, therefore, also be checked for the existence of those required to participate in the selection procedure "(TAR Abruzzo Pescara, sec. I, November 21, 2008, n. 926).
"By participating in the tender documentation is submitted to comparative assessment, which by its nature, excludes, on the occasion of an application for access, the prevalence of legal privilege in the face of need for judicial protection of the legal position of a participant in the tender dissatisfied "(TAR Campania Naples, sect. V, October 10, 2008, No. 14691).
Vedi anche T.A.R. Lazio Roma, sez. III, 08 luglio 2008 , n. 6450.
In conclusione la domanda va accolta .
Le spese seguono la soccombenza e vengono quantificati in dispositivo.
Against this position the parties have conflicting demands of protection and confidentiality.
The verification of the applicant, however, is an inevitable element in order to check the accuracy and consistency in the investigations conducted by the competent authority.
On the issue will be expressed to the case of first and second degree, which recognized the validity of requests for access by adopting very broad and inclusive interpretation.
"The right of access to administrative documents prevail on the need for confidentiality of the third whenever access is raised for the care or protection of interests Legal applicant as proprietor of a subjective position legally relevant and qualified dall'ordinamento as deserving of protection. "(State Council, sect. V, 13 June 2008, n. 2975).
" Article. 24 paragraph 7, LN 241 of 1990, dominated by defense needs against the need to protect the confidentiality of positions, including industrial and finance "(TAR Lazio Roma, sez. III, 09 September 2008, n. 8186).
" The right of access to administrative documents recognized by Articles. 22 et seq., L. August 7, 1990 No 241 prevails over the confidentiality requirements of the third whenever access is raised for the care or protection of legal interests of the applicant. In this sense, the right There is also access to documents in relation to particularly sensitive data, when pre-ordered the judicial protection of constitutionally protected interests of equal dignity "(TAR Trentino Alto Adige Trento, July 16, 2008, n. 170).
" Article. 13 d.lg. April 12, 2006, No 163, the right of a competitor in a public tender procedure for access to the file right to privacy takes precedence over the other participants. "(TAR Puglia Lecce, sect. II, 09 July 2008, n. 2087).
" Acts, once acquired in the procurement procedure, are now attributable to administration and are essential for the validity of the outcome of the race, with the result that the confidentiality of third parties recedes in the name of administrative fairness, because the participants in the selection have implicitly consented to the comparison of the general requirements owned and, therefore, also be checked for the existence of those required to participate in the selection procedure "(TAR Abruzzo Pescara, sec. I, November 21, 2008, n. 926).
"By participating in the tender documentation is submitted to comparative assessment, which by its nature, excludes, on the occasion of an application for access, the prevalence of legal privilege in the face of need for judicial protection of the legal position of a participant in the tender dissatisfied "(TAR Campania Naples, sect. V, October 10, 2008, No. 14691).
Vedi anche T.A.R. Lazio Roma, sez. III, 08 luglio 2008 , n. 6450.
In conclusione la domanda va accolta .
Le spese seguono la soccombenza e vengono quantificati in dispositivo.
P.Q.M.
accoglie il ricorso in epigrafe e ordina la visione, l'esibizione (e, se richiesto, il rilascio di copia) della documentazione inerente le pratiche presentate dalle due ditte contro interessate.
Condanna la Argea al pagamento delle spese ed onorari di giudizio, che si quantificano in € 2000.
Ordina che la presente sentenza sia eseguita dall'autorità amministrativa.
Così deciso in Cagliari nella camera di consiglio del giorno 11/02/2009 con l'intervento dei Magistrati: Numerical
Paul, President Silvio
Ignazio Silvestri, Director Grace
Flaim, Advisor, extenders
The author
FILED IN THE PRESIDENT SECRETARY on 25/02/2009
(Art. 55, L. 27/4/1982, n . 186)
THE SECRETARY
Condanna la Argea al pagamento delle spese ed onorari di giudizio, che si quantificano in € 2000.
Ordina che la presente sentenza sia eseguita dall'autorità amministrativa.
Così deciso in Cagliari nella camera di consiglio del giorno 11/02/2009 con l'intervento dei Magistrati: Numerical
Paul, President Silvio
Ignazio Silvestri, Director Grace
Flaim, Advisor, extenders
The author
FILED IN THE PRESIDENT SECRETARY on 25/02/2009
(Art. 55, L. 27/4/1982, n . 186)
THE SECRETARY
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