Public establishments: administrative appeal

Article 23 of Provincial Law No. 9 of 14 July 2000 delegated to the mayors the issuance of authorisation measures and related acts relating to the matter of public serving establishments falling within the competence of the Province. Appeals against the measures adopted by the mayors on the subject of public eating and drinking establishments may be submitted to the President of the Provincial Council. The appeal must be filed within 30 days of the notification or knowledge of the act that is to be contested with the President of the Provincial Council.

Against the measures adopted by the mayors regarding public eating places it is however admissible, alternatively

• the jurisdictional appeal to the Regional Court of Administrative Justice (within 60 days from the notification of the measure within the terms and in the manner provided for by Article 7 and 55 of Legislative Decree no. 104/2010
• the extraordinary administrative appeal to the President of the Republic (within 120 days from the notification to the President of the Republic within the terms and in the manner provided for by articles 8 et seq. of Presidential Decree no. 1199 of 24 November 1971).

Persons to whom authorisation measures and related acts relating to the subject matter of public establishments under Provincial Law No. 9 of 14 July 2000 are addressed may appeal to the President of the Province.

The appeal may be submitted directly to the President of the Province through the Crafts and Trade Service, by one of the following means

• by email to the PEC address
• by hand delivery directly to the competent provincial structure
• by registered mail with advice of receipt.

It is recalled that against the measures of the Mayors concerning public eating establishments it is however admissible

• the jurisdictional appeal to the Court of Administrative Justice within 60 days from the notification of the measure;
• the extraordinary administrative appeal to the President of the Republic within 120 days of notification of the measure.

The administrative appeal must be accompanied by

• the contested measure;
• the documentation supporting the appeal;
• other documentation supporting the appeal;
• duly signed information notice pursuant to Articles 13 and 14 of EU Regulation No. 679 of 2016;
• copy of a valid identity document (only if the appeal is not signed in the presence of the employee in charge)?

The appeal must be lodged within 30 days of notification or knowledge of the act to be challenged.

Information on the status of the procedure can be obtained from the relevant office.