With judgment no. 1512/2020, the Campania Regional Administrative Court ruled on the appeal of an association that was refused recognition of legal personality by the Region pursuant to Presidential Decree 361/2000 on the basis of the consideration that "registration must take place in the manner to art. 22 of Legislative Decree dated 03/07/2017 n. 117 and precisely the Notary who has received the deed of incorporation of an association ... must file it with the relative attachments, within 20 days, at the competent office of the Single National Register of the Third Sector".
The Regional Court upheld the appeal with the following reasoning: "Legislative Decree 117/2017 (the so-called Third Sector Code) introduced a specific discipline for the simplified recognition of the legal personality of associations and foundations, by way of derogation from the Presidential Decree 361/2000 which, in any case, represents the ordinary discipline, not repealed by the Third Sector Code [...]". For the recognition of legal personality "associations can alternatively follow two concurrent procedures: the one provided for by Presidential Decree 361/2000 and the one introduced by the Third Sector Code".
