Emilia-Romagna court suspends Modena venue’s 10-day closure
Regulation2 min read
The Emilia-Romagna Regional Administrative Court suspended a 10-day closure ordered by the Modena police commissioner over a dispute involving minors’ access to gambling. In an interim order published on 4 November 2026, the court said the case did not show grounds for the police power used and cited the ADM’s exclusive authority to impose the specified sanctions.
Modena's police authority had ordered a public venue to close for ten days, and the Emilia-Romagna regional administrative court (TAR) has now suspended that measure. The legal basis cited for the closure was article 100 of the consolidated public security law, known as TULPS. The underlying dispute concerns the ban on minors entering and taking part in gambling.
The judges found that the case did not show sufficient grounds to apply the powers under article 100 TULPS. They also referred to special rules that give the ADM exclusive competence to impose the sanctions provided for such violations.
The ruling is interim order no. 440/2026, published on 4 November 2026 by the court's First Section. It granted the request for suspension brought by the venue's owner, who was represented by lawyer Cino Benelli.
The dispute stems from a decree by the police commissioner of the Province of Modena, dated 5 October 2026 and notified on 14 October. Under that decree, an authorisation issued on 27 July 2026 was suspended for ten days, and the venue had to close for the same length of time. The challenge against the police decision went to the TAR together with an interim request to halt the effects of the measure.
In the order, the judges said the contested fact did not show an evident danger to public order, public morality and decency, or citizens' safety. The court cited article 24, paragraphs 20, 21 and 22, of decree-law no. 98 of 2011 and article 7, paragraph 8, of decree-law no. 158 of 2012. The panel also recognised a risk of prejudice from delay, the second requirement for granting an interim request.
The decision is not yet a final ruling on the lawfulness of the police commissioner's decree. A public hearing on the merits has been set for 26 May 2027. The costs of the interim phase were offset in full between the parties.