The fourth section of the Council of State rejected the appeal presented by Codacons for the annulment of the Veneto TAR order on the nulla osta for the expansion project of the US Dal Molin base. The Council of State rejected "the request for modification, new suspension or revocation". The college, chaired by Giovanni Vacirca, found that "the request for revocation formulates complaints that do not integrate the requirements of Article 395 of the Italian Civil Code, but constitute the reiteration of disputes already examined by the order made on the precautionary appeal, therefore not being admissible. "The judges of Palazzo Spada, in rejecting the appeal, underlined that already in the order giving the ok to the base. Molin, the environmental issue had been examined and the "precautionary measure granted in first aid (by the Veneto TAR) was denied, noting that no reasons for environmental damage appear." Also for the popular referendum requested by Codacons, the sentence states that this is not foreseen by law but is a possible possibility examined by the community directives. The question of environmental problems deriving from the works was one of the strong points of I know of Codacons who had spoken of "errors of assessment" of the previous order of the Council of State of 29 July last. In this regard, the judges also reiterated that the "grievance is inadmissible as the order has no decision-making effects and the considerations made therein on the grounds and admissibility of the appeal are not binding for the judgment on the merits, but currently only constitute one of the conditions for assessing the existence of the conditions for the precautionary application ". On the second point of protest of the Codacons, namely the need for a popular referendum being the area of community interest, the judges wrote that according to the EEC directive N.92 / 43 of 21 May 1992, as regards natural habitats and semi-natural "is limited to providing 'where appropriate' the acquisition of the opinion of public opinion".