L’Adunanza plenaria sull’annullamento d’ufficio del permesso di costruire: fine dell’interesse pubblico in re ipsa?

[Autom. eng. transl.] With the sentence n.8 / 2017 the Plenary Assembly intended to resolve the conflict of jurisprudence that had arisen in the matter of the motivation of the cancellation of the building titles: a majority bid argued that in this regard no motive is necessary- , given that in this hypothesis the public interest to cancel can be considered in re ipsa, while another address considered that here too the obligations of balancing interests and motivation envisaged by article 21-nonies of law n. 241/1990. The sentence in question adheres to the second address, and sets out the principle of law according to which article 21-nonies also applies with respect to the cancellation of building titles: but at the same time it carries out a series of statements that limit the scope of this principle.