"The Council of State (Section V),
Viewed ... art. 62 cod. Proc. Amm;
Given the appeal and its annexes;
Taking all acts of the case;
In view of appearance in court of the Commissioner ad acta, Regione Abruzzo and Company Local Public Health N. 2 Lanciano, Vasto, Chieti;
view of the application for suspension of the order of the Regional Administrative Court, submitted by the applicant;
view of the briefs;
Speaker in chambers on the day January 14, 2011 the Cons. Carlo Saltelli and heard lawyers for the parties Dal Pozzo, Referza, Russian State Valentini lawyer Luca Ventrella;
Considering that pre-trial phase of its examination does not appear to be fully baked basis of the concerns raised by the accused against acts of closure of the hospital in order to Guardiagrele no or inadequate consideration, the adequacy and appropriateness of alternative measures in place (and in particular those activated principals and to the Point of Emergency H24), of the particular shape of the territory of the municipalities falling within the catchment area of \u200b\u200bthe hospital, effective rapid accessibility of hospitals neighbors during the winter and the resident population in the catchment area of \u200b\u200bHospital Guardiagrele, formed mostly by persons over sixty;
Given that conflicting interests can be properly reconciled by ordering a review of the contested measures in the light of grounds for complaint, particularly respect to those pertaining to the proposed defect investigation;
PQM
allowed the appeal (Application number: 10310/2010) and, consequently, in the reform of the contested order, receives the request for an injunction in the first instance the review, in accordance with and within the limits set in the grounds.
offset expenses.
This order will be executed by the Administration and is filed with the secretary of the Chamber that will give a notice to the parties.
Decided in Rome in the chambers on January 14, 2011 with the intervention of the judiciary:
Stefano Baccarini, President
Carlo Saltelli, Director, Extensor
Adolfo Metro Councilor
Francesca Quadri, Director
Doris Durante, Director
This is the text of Ordinance No 118/2010 of the Council of State ruled on the appeal brought by the group "Guardiagrele the property in common" with the support of TDM Guardiagrele against the order in which the beginning of December, the TAR had rejected the suspension.
" The scope of the order of the State Council is disruptive because undermines the design of the Abruzzo region who had deluded to redesign the hospital network dismissing the question in two words and, above all, left whole HOLDING presisio territories of any health care and effective and truly meets the needs.
Unlike the decision of the TAR for a few days ago that basically approved the plan to set up the nail-Baraldi Presidio Service to replace the closure of the hospital by referring to the full implementation of the Operational Plan, the Supreme Administrative Court has clarified that Back in the Plan.
raised the problem of absolute scarcity of investigation, the State Council clear, then, that the Operating Plan is unlawful and, therefore, the deliberations commissarial be completely reviewed.
short, everything remains stationary until there will be a new plan that takes into account the findings are far from superficial , raised on the basis of our grounds of appeal by the State Council.
to the decision, then, is a message that rejects for the second time the position of those who believe that small hospitals until dangerous or useless. The order for us yesterday said, however, that are essential because you can not ignore the reality of inland areas.
When doubts about the adequacy and effectiveness of alternative measures in place (including, therefore, the First Aid point that, as designed by the 81 new resolution was to be the solution definitive to every problem), it goes deep and takes issue with the work of the Commissioner of the region and its core assets in the operational plan and the new geography of the hospital network.
This time, the satisfaction is full and those who felt satisfied by the decision of the TAR, would do well to make a serious and thorough consideration. "
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