In a separate ground of the judgment71, the Council of State examines the DNSH, as it considers that the lawfulness of the EIA does not automatically mean that no significant harm is done. After having recalled the legal framework regulating the DNSH (Article 17 of Regulation (EU) 2020/852 and Article 18 of Regulation (EU) 241/2021) the supreme Court rejects also this specific plea in law considering it as not demonstrated by the applicant.72 Thirdly, as outlined by the Italian administrative case-law, the compliance assessment pursuant to the relevant legal framework concerning the DNSH (including Article 5, paragraph 2 of Regulation (EU) 241/2021) is carried out by the public administrations in charge for implementing the national recovery fund.73 Fourthly, the administrative case-law examined has clarified that the DNSH is not infringed when public administrations carry out (consistently with the relevant legal framework74) a detailed assessment procedure that, although it can be considered as “questionable”, it cannot also be deemed as “unreasonable” or “illogic”.75 In this respect, in the already mentioned case concerning the Orte - Falconara railway line, in rejecting the appeal, the supreme administrative Court observed that the proposed project under scrutiny was based on an ad hoc and detailed DNSH assessment. The applicant (Comune di Serra San Quirico), before such precise findings did not submit any evidence to demonstrate the unreasonableness or illogicity of such assessment, thus the ground of appeal at stake remaining as merely questionable. Another interesting case, brought before the Regional Administrative Court of Tuscany76, concerns the project of a local public administration (Comune di Figline e Incisa Valdarno) for the realization, within an area with a public park, a new public swimming pool funded by the national RRP. 71 Council of State, judgment 5 August 2024, No. 6966, point 5.6. 72 Council of State, judgment 5 August 2024, No. 6966, point 5.6. 73 Council of State, Division VI, judgment 23 December 2024, No. 10317. 74 Article 18, Regulation (EU) 2021/241, Article 17, Regulation (EU) 2020/852, as well as technical regulations, like Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021, as subsequently amended, most recently by Commission Delegated Regulation (EU) 2023/2485 of 27 June 2023. 75 See Council of State, Division IV, judgment 5 August 2024, No. 6966, point 5.6. See also Regional Administrative Court of Lazio, Rome, Division III, 4 December 2023, No. 18141, esp. par. 16.2.4b; Regional Administrative Court of Tuscany, Florence, Division III, judgment 23 December 2022, No. 1509. On the judgments by the two regional courts cited see F. Cusano, cit., p. 868-869. 76 Regional Administrative Court of Tuscany, Florence, Division III, judgment 23 December 2022, No. 1509. 123 THE “DO NO SIGNIFICANT HARM” (DNSH) PRINCIPLE IN THE MULTILEVEL LEGAL SYSTEM
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