Lipani Legal&Tax, with lawyers Damiano Lipani, Francesca Sbrana, Jacopo Polinari and Jacopo Fronticelli Baldelli, achieved a significant victory in the preliminary phase of an extraordinary appeal to the President of the Republic regarding mobile phone infrastructure.
With Interim Opinion No. 1105/2025, the First Section of the Council of State accepted the request to suspend the effects of the measures authorising the construction of a telecommunications tower in the municipality of Grezzana (VR), in Monte Comun area.
The dispute arose from the single authorisation granted to Inwit S.p.A. to build a major infrastructure, consisting of a 24-metre-high pole topped by a further 3-metre mast, in an area of particular value in various respects. A resident, who only became aware of the works through the construction site signals, filed an extraordinary appeal to the President of the Republic, contesting the administrative decision to identify as the installation site a place characterised by landscape, historical and cultural values –finds located a short distance from the area in question – as well as the current site of commemorative celebrations and religious worship.
In this context, the Council of State, in its preliminary ruling, considered that the interest in safeguarding these values prevailed over the other conflicting interests.
The decision of the Administrative Judge is particularly innovative and significant: in the electronic communications industry, a field in which the interests of infrastructure and telecommunications operators are favoured, including from the point of view of procedural speed, the desire to give priority to preserving the natural and landscape value of an area, as well as the historical and cultural significance of a place, represents a valuable signal from the administrative justice system and a renewed focus on proceedings which, although functional in ensuring an essential public service, cannot neglect or sacrifice constitutionally protected assets, such as the landscape and cultural identity of places.
The judgement will now proceed to the decision on the merits, for which the Council of State has ordered a supplementary investigation by the Ministry of Culture.
