Our firm, with partners Nicolò Juvara and Lorenzo Caruccio, successfully represented Generali Italia S.p.A. in the proceedings concluded by the Council of State with judgment No. 4617 of 8 June 2026, concerning the determination of development contribution fees due for the grant of retrospective planning consents relating to an office complex in the Municipality of Rome disposed of through securitisation.
The dispute arose from the measures by which the Municipality of Rome had made, in 2017, the grant of retrospective planning titles conditional upon the payment of over one million euros in development contribution fees, based on the parameters set out in the municipal resolutions governing the processing of planning regularisation applications.
The Council of State dismissed the appeal brought by Roma Capitale, holding that the municipal resolutions were not applicable to the case at hand, recognising the distinctive nature of the regularisation procedures connected to the disposal and securitisation of public real estate assets, and ordering the recalculation of the amounts due.