Protection of Business Activity Against Unjust Measures
Receiving a suspension or revocation order for a business license is a critical moment for any entrepreneur. Beyond emotional stress, the immediate interruption of work activities leads to economic losses that can threaten the very survival of the company. We deeply understand the gravity of this situation and the urgency to intervene to limit damages and restore one's rights. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists businesses that have been victims of errors or abuses by the Public Administration, working to obtain fair economic compensation for the prejudice suffered.
The Liability of the Public Administration and the Right to Compensation
In the Italian legal context, the Public Administration is required to operate according to principles of legality, impartiality, and efficiency. When an entity issues a revocation or suspension order for a license that is subsequently found to be illegitimate (for example, due to abuse of power, violation of law, or lack of investigation), the entrepreneur is entitled to compensation. It is not just about annulling the unjust act, often through an appeal to the TAR (Regional Administrative Court), but about quantifying the actual economic damage caused by the forced interruption of business. Case law recognizes the compensability of legitimate interests, allowing citizens to take action against the responsible administration to obtain compensation for pecuniary and non-pecuniary damages arising from the illegitimate exercise of public functions.
The Approach of Studio Legale Bianucci in Milan
The approach of Avv. Marco Bianucci, a lawyer expert in administrative law and damages compensation in Milan, is based on a rigorous and multidisciplinary analysis of the case. The defense strategy is not limited to the formal contestation of the act but aims to build solid proof of the damage suffered. Studio Legale Bianucci often collaborates with technical consultants to calculate with millimeter precision two fundamental items: emergent damages, i.e., expenses incurred unnecessarily due to the closure (rent, utilities, salaries), and lost profits, meaning the earnings that the business would have generated if it had remained open. The goal is to present the Public Administration or the Judge with an unassailable body of evidence, demonstrating the direct causal link between the administrative error and the client's economic loss, maximizing the chances of obtaining full compensation.
Frequently Asked Questions
Is it possible to obtain compensation for lost earnings during the period of forced closure?
Absolutely yes. This type of damage is defined as 'lucro cessante' (lost profits) and represents the loss of profit that the entrepreneur would have achieved if the business had not been illegitimately suspended. To obtain it, it is essential to provide accurate accounting documentation that demonstrates the historical trend of turnover and projects the expected earnings during the period of enforced inactivity.
Do I first need to get the order annulled by the TAR to claim damages?
Generally, the claim for damages is strictly linked to the ascertainment of the illegitimacy of the administrative measure. Although in some cases it is possible to act independently for damages, the main course of action often involves challenging the illegitimate act before the Regional Administrative Court (TAR) to obtain its annulment, and concurrently or subsequently, requesting the administration to be ordered to pay damages.
Can I also claim compensation for damage to my business's image?
Yes, the suspension or revocation of a license can cause serious damage to the company's commercial reputation, casting doubt on its regularity or reliability in the eyes of customers and suppliers. Avv. Marco Bianucci carefully assesses this component as well, defined as non-pecuniary damage or damage to image, to include it in the overall compensation claim.
How much time do I have to take action against the Public Administration?
The time limits for action are strict. For challenging an illegitimate act before the TAR, the deadline is usually 60 days from notification. For claims for damages, the time limits may vary, but it is always advisable to act with the utmost promptness. Waiting too long could irreparably prejudice the possibility of legal protection.
Request an Evaluation of Your Case
If your business in Milan has been affected by a suspension or revocation order that you believe is unjust, do not let time erode your rights. Contact Avv. Marco Bianucci for a preliminary evaluation of your situation. Studio Legale Bianucci, located at Via Alberto da Giussano 26, is ready to analyze your documentation and outline the most effective strategy to protect your business and obtain fair compensation.