Wednesday, 14 February 2018

Contributi, l’Acetaia perde il ricorso al Tar «Non ne ha diritto»



The Acetaia del Balsamico is not entitled to the provincial contribution (172,200 euros on an investment of 430 thousand) for the expansion of the barrel cellar and the balcony. The Tar of Trento established it, to which the company's legal representative, Gabriele Bombardelli (minority shareholder, the majority is the father Ivo), had turned after the refusal of the provincial services. In essence, the Acetaia had asked to access the public contributions on the Rural Development Plan for the construction of a new barrel room for the production of balsamic vinegar, for the extension of a balcony to create an external processing space, for the purchase of an atomizer and for the construction of a photovoltaic system: for the last two items, the go-ahead from the Province has arrived. Not for the first two. Reason? For the province, most of the must processed by the Acetaia is not produced at home but comes from third-party producers, a condition which precludes access to public resources. As for the balcony, however, the same request had been presented in 2008 by Ivo Bomardelli, a request that had been accepted: it was then Bombardelli himself who voluntarily gave up. The renunciation in fact precludes the possibility of a new request, even if there is a new legal representative. The problem for the Province (but the interpretation was also accepted by the judges of the TAR) is that, although Ivo Bombartdelli is no longer the legal representative, but the son, the former still remains a majority shareholder. condition that precludes access to public resources. As for the balcony, however, the same request had been presented in 2008 by Ivo Bomardelli, a request that had been accepted: it was then Bombardelli himself who voluntarily gave up. The renunciation in fact precludes the possibility of a new request, even if there is a new legal representative. The problem for the Province (but the interpretation was also accepted by the judges of the TAR) is that, although Ivo Bombartdelli is no longer the legal representative, but the son, the former still remains a majority shareholder. condition that precludes access to public resources. As for the balcony, however, the same request had been presented in 2008 by Ivo Bomardelli, a request that had been accepted: it was then Bombardelli himself who voluntarily gave up. The renunciation in fact precludes the possibility of a new request, even if there is a new legal representative. The problem for the Province (but the interpretation was also accepted by the judges of the TAR) is that, although Ivo Bombartdelli is no longer the legal representative, but the son, the former still remains a majority shareholder. The renunciation in fact precludes the possibility of a new request, even if there is a new legal representative. The problem for the Province (but the interpretation was also accepted by the judges of the TAR) is that, although Ivo Bombartdelli is no longer the legal representative, but the son, the former still remains a majority shareholder. The renunciation in fact precludes the possibility of a new request, even if there is a new legal representative. The problem for the Province (but the interpretation was also accepted by the judges of the TAR) is that, although Ivo Bombartdelli is no longer the legal representative, but the son, the former still remains a majority shareholder.

The interpretation linked to the processing of the must is more complex. The Acetaia, in fact, claims that in 2016 the home-made and then processed product amounted to 51.6% of the total, an amount that justifies the request for contribution. According to the Province, however, the calculation presented by the company also contains the addition of wine vinegar and not just the cooked must: taking into consideration only this, the percentages of homemade product would drop to 41% in 2015 and 17 % in 2016.

The Tar judges therefore accepted the Province's reasons, rejecting the appeal and compensating the expenses. The Acetaia is now left with the appeal card to the Council of State.

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