Baseball stadium, the match at the Tar won by the municipality of Rimini

The TAR of Emilia Romagna (second section) rejected the appeal proposed by the Rimini Baseball Asd against the cancellation of the resolution provision of the convention for the management of the baseball stadium adopted on 29 September 2020.

In the sentence, the TAR entered into the merits of the non-fulfillment put in place by the ASD Rimini Baseball, with the non-renewal of the insurance policies for a period of three months from the expiry which led to an insurance uncovering and the consequent activation of the termination clause. “Article 10.1 of the agreement is clear in requiring renewal within the maximum deadlines indicated – writes the court – and the delay is sanctioned with termination“. The sentence underlines that the late payment of the policy does not have retroactive value, therefore” it cannot have a remedial effect in the event of an average temporary claim “.”It is ultimately evident – writes the court – that the applicant’s inaction exposed the Municipality of Rimini to the risk of non-compensation for damage in the substantial time interval between the expiry of the insurance coverage and the date of late payment “. The TAR therefore rejected the appeal and sentenced the Asd Rimini Baseball to compensation for the legal costs incurred by the Municipality for 3 thousand euros.

In the next few days, therefore, the municipal administration will be able to implement the provision for the immediate release of the sports facility which will return to the availability of the Municipality. The offices are already working to take all the necessary interventions to guarantee and ensure the resumption of sporting activity in complete safety.