Rödl Italy prevails before TAR Lazio against ATER and Rome Capital

The judgment is noteworthy not only for its substantive merits—the TAR found a lack of adequate reason-ing, as the act was based merely on generic references to alleged irregularities—but also for its significant clarification on jurisdictional competence.

By upholding the defense arguments, the TAR confirmed the jurisdiction of the administrative courts, not-ing that the dispute did not concern the termination of a tenancy assignment (which falls under the juris-diction of the ordinary courts), but rather the exercise of the administrative self-review power through the annulment of the disposal procedure. This constitutes a distinct and binding procedure, independent of the leasing phase.

The decision opens an important debate on the allocation of jurisdiction in matters arising after the as-signment of public residential housing (ERP), highlighting that the disposal phase involves administrative powers that remain within the competence of the administrative judge.​​