Pedersoli Studio Legale and Studio Legale Ars advised BCS S.p.A., a leading multinational company in the mechanisation sector, in its defence of the urban development plan proposed by the company that envisages the establishment of medium-sized sales facilities in areas owned by BCS S.p.A., in the Municipality of Abbiategrasso.
By judgement no. 1618/2023 and no. 1775/2023 the Italian Council of State, confirming the judgement issued by the Regional Administrative Court of Lombardy, rejected the appeals filed by a number of traders in the area and confirmed, on the merits, the lawfulness of the implementation plan proposed by BCS. Moreover, from a strictly procedural point of view, the Italian Council of State held that this specific case lacked of the conditions for bringing a class action, stating that such an instrument represents a derogation from the general principle according to which claims, in so far as they seek to protect interests independently deserving of protection, must be brought by their claimants in separate actions.
The matters is particularly relevant for urban and environmental aspects connected to the Abbiategrasso territorial government plan and for the economic and social relevance of the implementation plan proposed by the company that represent an opportunity for the development of the entire municipal territory.
Pedersoli Studio Legale acted with a team led by Sergio Fienga (equity partner) with support from Alessandro Zuccaro (senior associate), while Studio Legale Ars assisted BCS in the person of Pietro Carlo Sironi.