Administrative, Administrative concession, Property claims relating to the execution of the contractual relationship, Tar Bologna, Section 1, Judgment November 28, 2020 n. 787.

Jurisdiction – Administrative concession – Motorway concession – Property claims relating to the execution of the contractual relationship – Dispute – Ordinary court jurisdiction.

The dispute concerning the claiming of property claims relating to the execution of the contractual relationship underlying a motorway concession, governed by the relevant agreement, falls within the jurisdiction of the ordinary judge, as judge of rights.

The Section clarified that – according to the well-known criterion of the substantive petitum for the purpose of identifying the judge with jurisdiction (Cass. Civ., SU, 8 July 2020, n. 14231; id. 23 April 2020, n. 8098; Cons . St., section III, 24 March 2020, n. 2071) – in this case there is the lack of jurisdiction of the administrative judge because the claimant party, beyond the formal request for annulment of administrative acts, infers claims of an economic nature especially complaining about the violation of conventional rules (articles 4, 11, 21, 29, 33 and annex B) of the civil code (1175, 1337, 1366, 1375) as well as special private law (art.132, 142-149, legislative decree n.163 of 2006).

Source Administrative Justice