The Regional Administrative Court of Emilia-Romagna (Second Section) has issued an order on the appeal filed by the League for the Abolition of Hunting (LAC), WWF, LIPU, and LAV, which requested the suspension of the regional hunting calendar.
The TAR's reasoning is worth highlighting. After deeming the inadmissibility objection unfounded "due to failure to notify at least one interested party, given that the hunting calendar is a general administrative act, so no interested parties can be identified whose participation is required for the trial," and deeming the submission to VINCA superfluous since "it had already been requested for the 2018-2023 Regional Wildlife and Hunting Plan," the TAR then addressed the deviations from the ISPRA opinion regarding the closing date of the hunting season for certain migratory bird species.
The Regional Administrative Court (TAR) emphasized that "the data considered by ISPRA (2021 KCs data) are not entirely conclusive, given the 'lack of consistency in the data provided by individual states, particularly those relating to the Mediterranean basin' and that ISPRA's is a 'non-binding opinion from which the Region has departed with detailed technical/discretionary justification'." Furthermore, the 'feared danger – however, completely generically outlined in the appeal without taking into account the various species listed in the provision whose suspension is requested – is not, however, current, being related to the calendar closing date in January 2023, which for two species is postponed by approximately ten days compared to ISPRA's opinion in compliance with the end-of-January deadline indicated in Law 157/1992.'
Furthermore, the TAR sentenced the appellants "to pay the costs of this phase" without even applying the almost customary formula of compensation for the same.
Taken from Federcaccia.org
