5G Antenna in Lierna, Italy, Disallowed by Regional Court Due to Procedural Errors

Lierna, Italy – A regional court has annulled the authorization for a 5G antenna installed in the municipality of Lierna, Lombardy, due to procedural irregularities in the approval process. The ruling, issued by the Regional Administrative Court (TAR) of Lombardy on March 20, 2026, follows an appeal filed by local residents.

Background of the Dispute

The controversy centers around a 30-meter-tall 5G antenna erected in the Genico area of Lierna in late 2024. Residents protested the installation, alleging a lack of transparency and proper procedure. The appeal was brought by three residents, represented by lawyer Francesca Guercio, against the Municipality of Lierna, the Valsassina Valvarrone Val D’Esino and Riviera Mountain Community, the Ministry of Culture, and the companies Zefiro Net S.r.l. And Cellnex Italia S.p.A., which submitted the installation request.

Court Findings: Lack of Transparency and Procedural Flaws

The TAR’s decision did not question the safety or public health aspects of the antenna, as assessments by the Lombardy Regional Environmental Protection Agency (ARPA) had deemed the installation compliant with safety standards. However, the court found significant flaws in the communication and publicity surrounding the authorization process.

• Insufficient Notification Period: The timeframe for administrations to present opinions during the Conference of Services was reduced from the legally mandated 45 days to just 23 days.
• Inadequate Public Notice: The court determined that publishing the notice only on the website www.impresainungiorno.gov.it was insufficient to ensure public awareness.
• Lack of Environmental Assessment: The court also noted the absence of a proper assessment of environmental constraints, including landscape protections and required archaeological surveys.

Timeline of Events

The initial application for the antenna installation was submitted by Cellnex Italia and Zefiro Net to the Single Desk for Productive Activities (SUAP) of the Municipality of Lierna on June 24, 2024. A decision-making conference of services was convened on July 1, 2024, with a shortened 23-day deadline for administrative feedback. Only ARPA Lombardia provided a positive technical opinion within that timeframe. The lack of response from other relevant bodies was treated as implicit consent, leading to the authorization of construction on August 1, 2024. The antenna was installed at the end of October 2024, and residents only became aware of the completed installation at that time.

Mayor’s Awareness

Statements from Lierna’s mayor, Simonetta Costantini, reportedly indicated she was unaware of the services conference until construction had begun, further highlighting the lack of transparency in the process.

Implications of the Ruling

The TAR’s ruling effectively requires the removal of the 5G antenna and a restart of the authorization process, ensuring full compliance with procedural requirements and greater transparency for local residents. The case underscores the importance of adhering to proper administrative procedures and ensuring public participation in decisions regarding infrastructure projects.