Lucania Energia L.t.d. and Elica Energia L.t.d. appealled a Regional Court decision of TAR Basilicata which denied them the authorization to build a wind power station in the city of Cancellara and asked for the suspension of the precautionary measures taken against the proposed project.
The State Council decided to accept the appeal. The Council considered that the Superintendence of the Environment, administration in charge of delivering the permit and had determined the final negative decision with its technical opinion abused of its own powers.
It is true that nothing prevents the Superintendence of the Environment to adopt general criteria for the assessment of the case under examination, and it is legitimate to consider with caution, for the sake of the protection of the landscape, the presence of more wind farms in same area.
However it is not just as legitimate for the Superintendence of the Environment to stop the building with an unreasoned judgment which did not come down to consider the specific characteristics of the installment, especially when a qualified body claims this consideration to be outdated.
As a result, the Council held that the contested first instance judgment had to be canceled and quashed the preventive measures.