Partial suspension of home delivery in Lombardy

Regional Administrative Court – section of Milan stated, as a precautionary measure, on the petition filed by some trade unions that requested the annulment, after suspending its effectiveness, of the Lombardy Region’s Ordinance no. 528 of 11^th April 2020 when it allowed home delivery by retail traders for all product categories, even if not included in Annex 1 of the Prime Ministerial Decree of 10^th April 2020.

The President of the Administrative Court, considering the impact on the right to health of the workers represented by the applicant trade unions, accepted the precautionary application and, as a result, provisionally suspended Order No. 528 of 11.4.2020 of the Lombardy Region, limited to Article 1, point 1.2, letter h).

In particular, the Judge specified that the Ordinance (and in particular Article 1, point 1.2, letter h)), disregarding the stated intentions and contrary to the emergency regulations contained in Decree Law 19/2020 and the Prime Ministerial Decree of 10.04.2020, extended, rather than restricting, the permitted activities, authorizing the retail trade of all goods, against a Prime Ministerial Decree that limited trade only to specified product categories considered essential or strategic.

As a result, even in the Lombardy region, from 23^rd April 2020 until 3^rd May 2020, only operators carrying out retail trade for the product categories indicated in Annex 1 to the Prime Ministerial Decree of 10 April 2020 will be able to make home deliveries. Further home delivery activities shall be suspended under penalty of the application of the penalties set forth in art. 4 of Decree Law 19/2020.

More details in the attached circular.