Millions of euros at stake.
It is now clear. The Consortium is terrified and fears that judgments in the three proceedings that a group of consortium members and myself (on with them), have launched at the Court of Tempio and the Court of Appeal of Sassari.
Two civilians proceeding; one for crimes agains members of the Consorzio.
In the hearing at the Court of Appeal of Sassari on June 15 (opposing the devastating sentence 608/15 of Tempio) once again the Consortium has focused on hypothetical procedural vices to avoid trial, obtaining in any case a further postponement of months and leaving on the ground poisoned meatballs useful for the ... appeal at the High Court (Cassazione) to come.
If we consider that the request to the judge to declare the termination of the CCS and the restitution of the sums unduly paid dates back to May 2001, the strategy of the Consortium's administrators is clear: postponement, postponement, postponement.
They do not cost the administrators a penny, the consortium members do cover them. And when, finally, the civil part constitutions will come to force with a devastating “call for damages” they will be elsewhere, perhaps retired.
The bill will be for the companies they represent today, far more solvent (thank goodness) than some of them.
They know well that in the aftermath of the judgments the Consortium managers (or the two or three companies "master" of the Coast of which they are executive directors) will have to repay millions of euros (easy to estimate them in at least twenty million euros, since 2000) to the abused consortium members since the extraordinary general meeting ruling the renewal of the Consorzio was declared invalid with the Judgement 117/07 of the Court of Appeal of Sassari, confirmed by the sentence of the High Court in 2012 (sentence 21130)
Similarly, in the criminal proceeding for aggravated and continued fraud at the Tempio Court, the Italian expedient of the prescription is definitely at work.
At the first hearing of April 3, 2018, it was enough to change at the right time the lawyer of one of the four under judgement to gain the first postponement of six months.
Last but not least, the third proceeding calling for full access for any member od the Consorzio to all administration documents is blocked by an Honorary Judge (!) in Tempio.
Two years after he has not yet replied to the simple question whether or not the Consortium has complied (or must comply) with a final sentence given in 2011.
The question is simple: since the sentence is final, and member consortium has the right to request access and a copy of all documents held by the Consortium.
The active consortium member claim access to all documents since seven years. Only a fraction have been allowed and many of the documents he as requested have been declined.
Nevertheless, with utter shamelessness the Consorzio asserted before the judge that it had delivered the whole lot and asked (in retrospect) 10 thousand euros for expenses never foreseen or sustained. Threat? Deterrent? The reader decides.
Now the question is of absolute simplicity considering the very clear sentence: if the members has had them why would he turn to the judge (also in light of his complaint based on the examination of those documents - a part - obtained and already presented)?
And if he was actually given access to all the required documents, what difficulty would the Consortium have to give them again?
Here is the Consortium from which many want to get divorced, to marry maybe a new one association that represents the real interests of its 3800 plus Consorziati.
One that is managed by more capable, ethical and respectful administrators nominate among the members themselves.