Closure of Business Activity and Liability of Public Administration

Receiving a closure order for one's business activity, whether it's a bar, restaurant, or nightclub, represents a moment of extreme criticality for any entrepreneur. When such a measure issued by the Municipality or the Local Health Authority proves to be unfounded, disproportionate, or flawed by procedural errors, the economic and reputational damage can be devastating. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the impact that a forced interruption of business has on turnover and the reputation built over years of work. It's not just about reopening the shutters, but about obtaining justice for the losses suffered due to an illegitimate act by the Public Administration.

The Right to Compensation for Illegitimate Orders

Italian law provides that the Public Administration must act according to principles of legality, efficiency, and impartiality. When an entity, such as the Municipality of Milan or the local health authority, issues a suspension or closure measure based on erroneous premises, abuse of power, or misrepresentation of facts, civil liability arises. It is crucial to understand that the annulment of the order (often obtained through an appeal to the TAR - Regional Administrative Court) is only the first step. To obtain economic restitution, it is necessary to demonstrate the causal link between the illegitimate act and the damage suffered. This damage typically consists of direct damages (danno emergente), i.e., out-of-pocket expenses incurred, and lost profits (lucro cessante), which corresponds to the lost earnings during the days of forced closure. Furthermore, the damage to commercial image should not be underestimated, especially in a competitive market like Milan.

The Approach of Bianucci Law Firm in Milan

The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is distinguished by an analytical and timely strategy. Each case begins with a rigorous examination of the order and administrative documentation to identify any grounds for invalidity. The firm does not limit itself to mere formal contestation but works closely with technical consultants to precisely quantify the economic damage suffered by the company. The defense is constructed to highlight the fault of the Public Administration and ensure that the client obtains full compensation. The firm's office at Via Alberto da Giussano, 26, allows for direct and immediate handling of cases related to businesses in the Lombard capital and its province, ensuring constant support for the damaged entrepreneur.

Frequently Asked Questions

Can I claim damages if the Municipality closed my business by mistake?

Absolutely. If it is ascertained that the closure order was illegitimate, meaning it lacked legal grounds or was based on factual errors, the entrepreneur has the right to claim compensation for all damages suffered. However, it is necessary to prove the administration's fault and the precise extent of the economic prejudice.

What types of damages can be compensated?

Compensation covers various items. Primarily, lost profits (lucro cessante) for the days of inactivity are claimed, calculated on the average turnover. Expenses incurred unnecessarily (danno emergente), such as rent or salaries paid for nothing, and damage to image, if the closure has harmed the business's reputation in the eyes of customers, can also be included.

How long does it take to obtain compensation?

The timelines vary depending on the complexity of the case and the authority's willingness to reach an amicable settlement. Often, it is first necessary to obtain the annulment of the illegitimate act. Avv. Marco Bianucci works to expedite procedures, favoring out-of-court negotiation whenever possible to achieve a faster settlement of damages.

What should I do as soon as I receive the closure order?

It is crucial to act immediately. Do not wait, as the deadlines for challenging the order are very strict. It is advisable to contact a lawyer immediately to assess the possibility of suspending the measure and to start gathering evidence of the economic damage you are suffering day by day.

Request a Legal Consultation in Milan

If your business has been affected by a closure order that you believe is unjust, do not let time solidify the damage. Avv. Marco Bianucci is available to analyze your case with the necessary expertise to confront the Public Administration. Contact the firm to schedule an appointment at Via Alberto da Giussano, 26, and evaluate the best legal actions to protect your business and your assets.