Eight years after the ruling – which remained a dead letter – of the court of Santa Maria Capua Vetere (CASERTA) that reinstated him in his job after an unlawful dismissal, the European Court of Human Rights (first section) intervened to give reason to Antonio Limatola, former general director of the Consortium of the Acsa Caserta3 basin, the one that managed the Lo Uttaro landfill in CASERTA, dismissed in the midst of the waste emergency between April and May 2008 by the then leaders of the Consortium, the officials of the prefecture of CASERTA Luigi Palmieri and Savina Macchiarella (then respectively Commissioner and sub-commissioner of the Consortium).
The judges of Strasbourg have in fact condemned the Italian State for the failure to execute the sentence issued in 2015 by the Sammaritan labor judge, to whom Limatola had turned; a sentence that imposed the reinstatement of Limatola to the Consorzio Unico di Bacino (CUB), a mega-entity into which in the meantime, by decision of the Berlusconi Government, the nine mandatory waste consortia of Caserta and Naples had merged, including Acsa Caserta3.
On that period of full waste emergency in which Limatola was fired, the ECHR also intervened a few weeks ago condemning the Italian State for the failure to secure and reclaim the Lo Uttaro landfill - a symbolic reservoir of the waste emergency period - precisely the one managed by Acsa; missed works relating to the period following the emergency and which also concerns the area around the landfill, where other reservoirs already existed. Limatola's judicial history therefore intersects with that of the waste crisis, and casts further shadows on that very complicated phase, also for compliance with legal regulations, for the provinces of Caserta and Naples.
The former official of the Consorzio Acsa Caserta3, acquitted in various criminal trials in which he was accused of environmental disaster for the management of landfills, had also turned to the administrative judges to enforce the 2015 sentence: in the first instance the TAR deemed Limatola's appeal inadmissible, but the Council of State, on September 9600st, definitively closed the case by ordering the CUB to reinstate him, identifying the prefect of Naples as commissioner ad acta for the execution of the decision; however, he asked to be exonerated and it will be the prefect of Caserta or one of his officials who will take care of the implementation of the decision. The numerous sentences of the Italian judges are now joined by the ECHR sentence, which also orders Limatola to be awarded compensation for moral damages of XNUMX euros.
Article published on November 17, 2023 - 13:12
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