ITALY Law and Practice Contributed by: Filippo Pacciani and Antonio D’Arcangelo, Legance
tective measure, such as prompt scheduling of the hearing on the merits. The request for interim reliefs is typically includ - ed in the act of challenge and is discussed at a special hearing scheduled no earlier than the 20th day after notification of the request (this period is halved in ‘fast track’ proceedings). In cases of extreme urgency, where even the interim hearing cannot be scheduled in time, the claimant may request the Chief Judge of the administrative court to adopt interim reliefs through a presidential decree without prior dis - cussion between the parties. Damages caused by the adoption of an illegiti - mate Administrative Decision may be awarded by the administrative court. 13.2 Invalidating Legislation The administrative court does not have the authority to strike out provisions of primary leg - islation directly. However, in challenges against administrative measures, claimants may argue that the pri - mary legislation underpinning the measures is contrary to either the Italian Constitution or EU law. See 3.1 Challenging Primary Legislation for further details. 13.3 Mandating Government Action Through Court Orders As a general rule, administrative courts cannot adopt Administrative Decisions in place of Pub - lic Administrations. However, when annulling a challenged Administrative Decision, courts may 13. Remedies 13.1 Damages
establish principles that Public Administrations must follow when readopting the decision. 13.4 Next Steps Where a Decision Is Found Unlawful When the administrative court establishes the unlawfulness of an Administrative Decision, the decision is annulled. Following annulment, the Public Administration must re-exercise its administrative powers while adhering to the prin - ciples stated in the judgment. 14. Costs 14.1 Mechanisms to Protect Claimants From Excessive Costs As a general rule, the losing party is ordered to reimburse the winning party’s legal costs ( “loser pays” principle). In cases of mutual lack of success, absolute novelty of the matter, or changes in the relevant case law, the administrative court may offset legal costs between the parties. 14.2 Public Interest Costs No special rules apply to costs in public interest cases. 14.3 Wasted Costs There are no special rules regarding wasted costs. However, lawyers may be held liable for damages if they fail to perform their duties with due diligence (Article 1176 of the Civil Code). In such cases, the damaged party must initiate legal proceedings for damages against their law - yer.
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