The Regional Administrative Court of Campania has confirmed the decision of the Municipality of Caserta to clear the underground parking lot in Piazza Carlo III, located under the historic Reggia Vanvitelliana.
This space, essential for the reception of coaches and cars of visitors to the Bourbon monument, was at the centre of a legal dispute.
The Municipality had ordered the clearing of the parking lot after the agreement with the Cogein Consortium, which managed it, had expired without being renewed, thus configuring an illegal occupation.
Cogein had appealed against this decision, arguing that the car park was no longer part of the municipality's unavailable assets, having been included in the new Municipal Plan of Alienations and Valorizations.
Initially, the Neapolitan judges of the TAR declared themselves incompetent, referring the matter to the ordinary judge. However, the Council of State later established that the jurisdiction was instead administrative, thus returning the case to the TAR.
The eighth section of the TAR Campania, with a ruling that confirms the eviction order, has recognized the Municipality's power to act to protect public property, as underlined by the Municipality's lawyer, Pasquale Marotta: "The will of the Authority to use the property for public parking (serving the Royal Palace of Caserta) has emerged, for which it is still used".
The TAR also highlighted that in the case of occupation sine titulo, the administration can resort to the power of possessory self-protection, issuing a release order without the need to compare the interests of the private occupant, since a legitimate trust cannot be generated in clearly abusive situations.
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