Brescia, il fratello dell’ex sindaco ottiene 60mila euro dal Comune dopo 12 anni: la sentenza sulla movida che può fare scuola

Brescia, the brother of the former mayor receives 60,000 euros from the city after 12 years: the court ruling on nightlife could set a precedent A landmark decision by the Court of Appeal in Brescia has concluded a legal battle lasting 12 years, awarding 60,000 euros in damages to a couple who had been subjected to excessive noise from late-night disturbances. The case involves Gianfranco Paroli and his wife Piera Nava, who reside in the historic centre of Brescia, specifically in the Carmine district known for its bars and nightclubs. The ruling confirms their claim against the municipality, which was found responsible for failing to adequately regulate noise levels in the area. The legal proceedings began in 2012 when Gianfranco Paroli and his wife decided to take legal action against the city. Their home, located in the Carmine district, was frequently affected by loud noises from nearby businesses. According to documents filed in 2014, these establishments were often open past their official closing times, causing disturbances to the public peace. The couple cited Article 844 of the Civil Code, requesting immediate cessation of the noise or the implementation of necessary measures to restore normal tolerability. They also sought compensation for both material and non-material damages. In 2017, a lower court ruled in favor of the couple, awarding them 50,000 euros in damages. However, the city appealed this decision in 2020, arguing that it was not obligated to pay any compensation. The appeal led to a reversal of the judgment, effectively dismissing the claim. This outcome sparked controversy, particularly because of the familial connection between the complainants and the defendant, Gianfranco Paroli’s younger brother, Adriano Paroli, who was then the mayor of Brescia and is now a senator for Forza Italia. Two pivotal moments in the legal history of the case emerged. First, the 2017 ruling marked the first time in Italy that a municipality was held accountable for failing to control noise emissions within its jurisdiction. Second, in 2023, the Third Section of the Supreme Court established a new legal principle, overturning the appellate court's decision and requiring the Brescia Appeals Court to reassess the case under the newly defined legal framework. The recent ruling, issued on July 14, confirmed the couple's right to receive 60,000 euros in compensation. The lawyer representing the family, Marco Piccoli, noted that the court rejected the request for an injunction to cease the noise pollution, citing the couple’s decision to move out during the litigation due to being overwhelmed by the situation. They were forced to sell their home as a result. Documents from the trial revealed administrative negligence on the part of the municipality. It appears that the city did not take sufficient steps to address the noise complaints, leading to the eventual judicial intervention. The case highlights the complexities of balancing public enjoyment with individual rights to peaceful living conditions, especially in densely populated urban areas. The ruling may serve as a model for similar cases nationwide, setting a precedent for how municipalities should handle noise-related disputes.