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It all started in the port of Genoa, a common crossroads for shipments and expeditions at risk: from the scooter stolen and dismantled into pieces hidden in drawers that contain everything but the best cars destined to be recycled in North Africa or in the area of the Mediterranean. A Ferrari Dino 196/246 S was also about to be shipped from Liguria airport, a racing model produced between 1958 and 1960 similar to the legendary Testarossa but with smaller 6-cylinder V engines, apparently designed by Dino Ferrari Jr. Enzo died at a young age.
Customs inspectors realized it was a fake, even though the car looked like a historical masterpiece of Italian mechanics. Hence the seizure and forfeiture. So far everything is normal.
Scrapping avoided
The problems started at the end of the administrative process. As always, an attempt was made to apply article 16 of Law 99/2009, which establishes, among other things, that “personal property registered in public registers, ships, boats, vessels and aircraft seized in the course of judicial police operations For the repression of the crimes referred to in articles 473, 474, 517-ter and 517-quater of the Penal Code, they are entrusted by the judicial authority in judicial custody to the police forces that request their use in police or may be entrusted to other state bodies or other non-economic public bodies, for the purposes of justice, civil protection or environmental protection ”.
So Customs had asked to keep that fake Dino, take it to the Museum of Counterfeiting and show it as a case-school to their employees in specialization courses. Ferrari argued that even this could be detrimental to the brand, so the scrapping provided for by article 83 of Legislative Decree 271/1989 should have been ordered when the counterfeit and confiscated goods are not requested by any body.
Hence, in the litigation carried out, at different levels and with contradictory results, in the Court of Genoa. The end came only on December 11, with the presentation of the judgment of Cassation, on 35544/2020.
