Leonardo3 v. City of Milan: TAR postpones decision until July, for now the museum remains

The Regional Administrative Court (TAR) for Lombardy has upheld the Leonardo3 Museum ’s appeal in the dispute opposing it to the City of Milan. The Leonardo3 srl company, which manages the museum in Galleria Vittorio Emanuele, had in fact filed an appeal after the municipal body denied its request for temporary occupation of public land for a guest reception and access area. The TAR order comes shortly after the decision of the museum’s director, Massimiliano Lisa, to suspend the hunger strike launched in protest against the City Council. The dispute concerns the use of a portion of the Galleria Vittorio Emanuele II, a historic space of great architectural and artistic value, within which the museum is located and on which the City of Milan has adopted a restrictive approach in assigning concessions for temporary occupations. Specifically, the Council Resolution of December 19, 2024 implemented the Superintendency’s guidelines, establishing strict criteria for the use of public spaces in the Gallery.

Leonardo3 challenged not only the denial of its request, but also the awarding to Duomo 21 S.r.l. (the company that manages the catering business on the gallery terrace, as well as the rooftop walkway accessible via the same elevator leading to the museum), of the concession for the use of the spaces in Piazza Duomo, raising doubts about the legitimacy of the procedure. According to the museum, in fact, the allocation of spaces would not have been fair and transparent, penalizing its museum activity in favor of other entities.

The contested order, dated Nov. 13, 2024, had denied permission for the placement of the reception area, generating a dispute that extended with further administrative acts and a request for self-defense rejected on Dec. 30, 2024. Later, Leonardo3 supplemented the appeal with new additional grounds, also contesting the opinion of the municipality issued on January 10, 2025, and further communications that allegedly confirmed the denial.

The decision of the Regional Administrative Court

In the council chamber of March 18, 2025, presided over by Judge Silvana Bini, the Regional Administrative Court assessed the complexity of the issue, deeming it necessary to study it in depth on the merits. For this reason, a public hearing was set for July 15, 2025, at which the legitimacy of the challenged administrative acts will be examined.

In the meantime, the court decided to grant the Leonardo3 Museum’s precautionary request, suspending the effects of the municipal measure and keeping the current space-sharing situation in place. In practice, until the final ruling, Leonardo3 will be able to continue using the disputed area.

The implications of the ruling

The TAR’s ruling represents a first success for Leonardo3, which sees the need for a more thorough evaluation of its position recognized. However, the suspension of the denial does not automatically guarantee a favorable outcome in the trial on the merits.

Pending the final ruling, the TAR decision allows Leonardo3 to continue its activities without interruption, while the City of Milan will have to defend the legitimacy of its administrative choices in the courtroom. The July hearing will be the decisive test of whether the Municipality’s denial can stand up, or whether Leonardo3 will be entitled to regular occupation of public land in one of the city’s most prestigious areas. And will then be able to continue its activities.

Leonardo3 v. City of Milan: TAR postpones decision until July, for now the museum remains

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