The firm O.S.C. Impianti S.r.l. set up two stores without prior building permit. A few years later the firm requested remission for the administrative penalty to the competent Municipality. The remission was denied pursuant to the prohibition to dig and to build at less than 10 metres from river banks (provided under Act No. 523 of 1904).
The firm brought action against the Municipality and the Region of Lombardia asserting that the municipal denial was void for procedural matters.
The defendants underlined that provisions under Act No. 523 of 1904 concerning minimum distances for building purposes may not be repealed by local legal sources.
The Tribunal recalled the importance to protect banks of water sources not only in order to preserve the environment but also to prevent floods and natural disasters. Subsequently no remissions are admitted for building activities carried out in violation of this general rule. On these grounds the Tribunal rejected the action brought by O.S.C. Impianti Srl.