Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 2948-1/2026
Wording of the operative part: «dichiara l'automatica sospensione dell'efficacia esecutiva del provvedimento impugnato per effetto della proposizione del ricorso»
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
Under the former rules applicable ratione temporis, an appeal against the measure by which the Commissione territoriale declared the international protection procedure terminated on account of the withdrawal of the application does not fall within any of the cases excluding automatic suspension under Article 35-bis(3), points (b) and (c), or (5), of Legislative Decree 25/2008; upon the lodging of the appeal, enforceability is automatically suspended, and a request for suspensive effect made subsequently is devoid of purpose, so that the interim sub-proceeding is to be closed.
The Tribunale di Perugia (judge Dr. Elena Stramaccioni) declares the automatic suspension of the enforceability of the measure of the Commissione territoriale of 18 June 2026 — contested by an appeal of 30 July 2026 — and orders the closure of the interim sub-proceeding opened by a request for suspensive effect of 11 October 2026.
The appellant had challenged the measure by which the Commission, noting that the application had been withdrawn, declared the international protection procedure terminated. Under the rules applicable ratione temporis — the former rules — this case falls within none of the exceptions to automatic suspension laid down in Article 35-bis(3), points (b) and (c), or (5), of Legislative Decree 25/2008. The lodging of the appeal therefore produces, ex lege, a suspensive effect on the contested act.
The decree clarifies how the remedy operates: once suspension has already taken effect by virtue of the appeal, it is “of no relevance” that the request for suspensive effect was made after the appeal was lodged. Moreover, the request is framed not to obtain a discretionary restraining measure but to obtain an order merely recording the automatic suspensive effect that has already occurred. The Tribunal, having read the purport of the request, rules in the terms sought and declares the suspension, leaving every procedural and substantive question raised by the appeal to the adversarial stage with the Commission.
The procedural outcome is consistent with the declaratory nature of the intervention: the interim sub-proceeding no longer serves any purpose and is closed. The decision is notified to the parties without opening adversarial proceedings at the interim stage.
The decree belongs to the line of cases concerning proceedings commenced before 12 June 2026, to which the former rules continue to apply by virtue of Article 17(4) of Decree-Law 100/2026, and is to be read alongside Trib. Roma 44893/2026 on the automatic suspension of appeals against measures terminating the procedure for withdrawal under the earlier regime. The question — not addressed by the decree, yet of practical importance — whether the defence may request that the hearing on the merits be brought forward where the conditions for granting special protection (protezione speciale) are met remains open.
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