Regional Administrative Court of Campobasso section I no. 481/2017
The judgement in question clarifies the legal nature of the town-planning agreement concerning the execution of a recovery plan, which in this case was stipulated between the plaintiff and the Municipality of Campobasso. The Court while stating that the agreement, as a partnership tool, “realizes on one side the private’s interest in a building, and on the other, once authorised by the local authority, allows the territory’s conformation through the construction of goods and infrastructures that benefit the community”, also highlights – although in a perspective that is still strongly linked to the traditional categories of the administrative actions – how the pivotal element of a partnership is the public interest that “brings together the manifestation of public powers by merging the discretionary content of the provision with civil right tools concerning the negotiating autonomy, in a procedure that is not exclusively public that blends with the private’s initiative, to which the administrative provision is linked”.