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Transparent as the Lead District Heating Bills

Read the Order of the Tar while listening to the words of this man, and each draw its conclusions, the tar is entered on the read below

ITALIAN REPUBLIC
Administrative Court Regionale per la Lombardia
(Section Three) gives the following

ORDER
for cancellation after suspension of effectiveness the resolution of the Conference of Mayors and Tirano Sondalo of 30.10.2009, unpublished object to having the 'cancellation of verbal self-defense # 4 on 05/11/2008 Conference of Mayors (art. 10 specification of the agreement between the City and TCVVV) and adoption of a new measure for determining the price; measure of tacit approval of the proposed tariffs for the period 2009-2010, and all the related acts. .

Given the appeal and additional reasons, including their annexes;
Taking all of the acts of the case;
view of the application for stay of execution of the contested decision, made in passing by the applicant;
Visa 's Act action brought by the City of Sondalo;
Since the entry of appearance in court of the municipality of Tirano;
Since the act of action brought by Tccvvv Spa District Heating Cogeneration Valcamonica Valchiavenna;

viewed Articles. 19:21, uc, the Law of 6 December 1971 No 1034;

Speaker in chambers on the day 12/01/2010 dr. Fabrizio Fornataro and heard the parties to the defenders as specified in the minutes;

detected, as the resolution of the Conference of Mayors Sondalo and Tirano in the nature of 30/10/2009 provvedimentale-determination of tariff included in the jurisdiction the administrative judge - the merits of the alleged lack of motivation, as administration is merely indicating the percentage increase of 12.53% claiming that it is a determination of the variation compared to the weighted assessment of the costs incurred by the company that runs the service, but that general statement does not correlate to results of the investigation of expression of a specific and documented verification by the administration of these costs, simply referring to the Company's accounting data. Conversely, under Article. 3 of Law No 1990 241 The Court has long held that the measures tariff must contain a clear and thorough reasoning, which expresses a logical connection established between the cost and size of the tariff (see Council of State sect. IV, 29 March 2001, No 1839; State Council, sect. V, November 12, 2003, No 7235). Moreover, even the reference to the need for "financial security and financial and investment needs to ..." is silent on the actual correlation between the costs incurred by the company and the fixed rate.

conclude that there is a serious and irreparable harm, in relation to the economic effects of the contested measures;

therefore considered that the conditions of Article. 21, paragraph 8 of Law No 1971 1034;



The PQM TAR Lombardia in Milan, the third section, granting the interlocutory application in the action within the limits of the above reasons and in effect suspends the decision of the Conference of Mayors Sondalo and Tirano dated 30.10.2009.

This order will be executed by the Administration and is filed with the secretary of the court will notify the parties.