Se un terreno viene concesso in uso per l’esercizio di un’attività soggetta ad autorizzazione ambientale, la cui disciplina configura come fattispecie penali la violazione delle relative prescrizioni, quali sono gli obblighi che incombono sul proprietario-locatore dell’area?
Quale la sua responsabilità ?
The Supreme Court, with the decision that Juridical Nature has published for free on its website (Criminal Appeal, No 33836/2010, and can be downloaded after a simple registration ) stresses that, in order to ensure social function of art recognized. 42 of the Constitution the right to property, the owner of a given area using a third party must verify that the use of the property complies with the law, and, therefore, that the third, which gave the land in use, both have permission for the waste management activities than on that land is made and meet the requirements contained therein.
The absence of a specific obligation of the owner of the soil to prevent third parties from the illegal disposal of waste on his property refers to the general obligation of custody and surveillance of an area by its owner and not the hypothesis in which it has granted to use this area to the third because the use of waste for disposal.
The Supreme applicant - owner of a site licensed for use to a person third - that it could not be found guilty of managing non-hazardous waste not authorized by the mere fact of having granted the land in use by third parties.
The requirement to obtain the authorization, in fact, it was pointed out, is a burden on the manufacturer and operator of waste, and no responsibility can be attributed to the cargo owner of the land as a result of conduct merely by omission .
On appeal, the appellate court had ruled that the accused had built and operated a landfill without the required authorization, but had asserted his innocence in relation to the management of unauthorized waste.
Judge of legitimacy, and reaffirm the support this theory, pointed out that the owner was not only aware, but had actively contributed to the verification of the criminal case, allowing the use of the property that purpose.
For this reason, even excluding the competition of the accused with the owner of the poultry industry and was considered separately, in the activity of waste disposal, it was also successfully established the responsibility, as pointed out in order all’obbligo da parte del locatore di impedire l’uso illecito della cosa locata, allorché ne sia consapevole o possa esserne consapevole mediante l’ordinaria diligenza, in applicazione del disposto di cui all’art. 40, comma secondo, c.p….
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Natura Giuridica di Andrea Quaranta: Studio di Consulenza legale Ambientale .
Contatta Andrea Quaranta tramite mail o telefono per richiedere il tuo parere di diritto ambientale .
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