"Significant Legal Victory for CBRE Investment Management: Italian Council of State Rules on Cultural Heritage Restrictions"

**Press Release Summary** Simmons & Simmons successfully represented CBRE Investment Management SGR in a case before the Consiglio di Stato, with partner Mauro Pisapia, counsel Luigi Pontrelli, and supervising associate Martina Baraldo involved in the proceedings. The ruling overturned the outcome of the first-instance judgment, partially annulling the designation of "particularly important cultural interest" that had been imposed by the Superintendency of Milan on the entire property owned by CBRE, located in the "Northern Porticoes" of the Galleria Vittorio Emanuele II in Milan. The Consiglio di Stato's decision is significant as it establishes a fundamental principle regarding the protection of cultural heritage: even in historically and artistically valuable contexts, such as the Galleria Vittorio Emanuele II, the Administration is required to conduct a proportional and specific assessment for each property. In this case, the court recognized that the interior of the building, due to numerous construction interventions that altered its structure over time, does not possess the characteristics that would justify the extension of the restrictions imposed on the entire complex adjacent to Piazza Duomo. Consequently, the imposition of such stringent restrictions on the interior of the building was deemed illegitimate. This decision sets an important precedent for the management of cultural constraints, emphasizing the need for a proportional and contextualized approach in the protection of historical and artistic heritage. **Lawyers Involved:** - Mauro Pisapia, Partner - Luigi Pontrelli, Counsel - Martina Baraldo, Supervising Associate

"Significant Legal Victory for CBRE Investment Management: Italian Council of State Rules on Cultural Heritage Restrictions"

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