The ruling pronounces on the penalty rules applicable to the hypothesis of non-completion of works where, following the forfeiture of the building permit, they cannot be completed.

The damage from delay cannot be protected as compensation in the hypothesis in which the interested party has based his claim on a provision declared unconstitutional at a time following the expiry of the terms for the conclusion of the proceeding since the advantage that one regrets not to have obtained would still have been an advantage contra Constitutionem