Sicily Regional Administrative Court – Palermo: the silence of the Municipality of Trapani on the issue of noise pollution has been deemed unlawful

With a ruling by Section II of the Sicily Regional Administrative Court – Palermo (hearing of 21 November 2025), obtained in the interests of the Historic Centre Committee and numerous residents and economic operators in the historic centre of Trapani, lawyers Donato D’Angelo and Elisabetta Abelardi, of the D’Angelo Pernazza Law Firm, achieved an important result in the field of noise pollution protection and municipal administration responsibility.

The Regional Administrative Court found that the Municipality of Trapani had acted unlawfully by failing to comply with the obligations imposed by Article 6 of Law No. 447 of 1995, due to its failure to adopt:

• the municipal noise classification (zoning) plan;
• the municipal regulations for protection against noise pollution and the consequent adaptation of local legislation.
The Regional Administrative Court therefore ordered the Municipality of Trapani to fulfil these obligations within 180 days of the communication or notification of the judgment and ordered the municipal administration to pay the costs of the proceedings.

With regard to the request for annulment of the mayor’s order on nightlife, the Court took note of the withdrawal of the measure by the Municipality, declaring the action inadmissible on this specific point.

The affirmation of the principle that the Administration cannot postpone sine die the adoption of regulatory instruments expressly provided for by law remains central, especially when fundamental rights such as the protection of health, the right to rest, respect for private life and quality of life in urban contexts are involved.

The ruling is particularly important not only for the local community but also in general, as it reaffirms the principle of good governance and the duty of administrative action, clarifying that the inaction of the public administration in matters of noise planning and regulation is subject to judicial review.

This is a significant result that contributes to strengthening the protection of citizens and economic operators against noise pollution and structural deficiencies in land use regulation.