The average price of petrol and diesel displayed on a daily updated sign at petrol stations will no longer be mandatory. The Council of State has in fact canceled article 7 of the Transparency Decree developed last March by the Ministry of Business and Made in Italy. The battle in court was started by the associations Fegica and Figisc/Anisa who had appealed to the TAR of Lazio, which had invalidated the entire Decree. Mimit's appeal to the Council of State resulted in not canceling the entire provision but only the one relating to the display of average prices.
The ruling of the Council of State
In the sentence filed by the Council of State on 23 February, among the reasons for the annulment of article 7, we read that the prescription “appears to be manifestly unreasonable and disproportionate”. According to the judges, the latter “it is necessary to make information available in individual sales points that the consumer can obtain by connecting to the Ministry website or by downloading apps and the related information costs are borne solely by the distributors, imposing unreasonable and disproportionate costs on them compared to the limited usefulness that the information relating to the average price, considered in itself, can have”.
Evaluate new measures
The Council of State then addresses the Ministry directly in the sentence, proposing to “evaluate the most suitable measures to implement the provisions of the law decree without burdening distributors with excessive and inappropriate burdens compared to the actual usefulness of making the average regional price known to the individual distributor. One hypothesis could be that suggested by Confesercenti, i.e. placing a QR-code directly on the facilities which links to the Ministry website in the part where it provides information on the prices charged in the area”.
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