Decision of the Regional Administrative Court for Lazio, II Section quater, No. 6074 of 10 April 2014

By decision No. 6074/2014, the Regional Administrative Court for Lazio annulled the decision of refusing the renewal of the residence permit of a Bangladeshi citizen due to his previous conviction for the offense of trademark counterfeiting and copyright. The TAR noted that under Article 26.7 of the legislative decree No. 286/1998, the conviction for a criminal offense automatically prevents the renewal of a residence permits only as far the residence permits for self-employment are concerned. Non renewal of residence permits in any other case may derive from an assessment from the public administration of the applicant’s social dangerousness. In the case, the assessment made by the administrative authority was manifestly unreasonable, because the applicant had been convicted only once, and negotiated the plea bargain, for counterfeit trademarks, i.e. an offense not of particular social dangerousness.