July 14th 2010
Further to the recent communication of S.I.A. Board (who incorrectly continues in this occasion to express opinions in the name of the whole Società Italiana Alani-Italian Great Danes Club) published on the official web site www.clubalani.it last July 6th, that, besides being partisan and incomplete, gives a negative and purposely warped interpretation of the facts and unlikely labels our behaviour as “antisocial”, we sent a formal reply, signed by the lawyer who is representing us, requesting them to publish it on the same web site.
But, once again, punctually, our legitimate request was disregarded by S.I.A. Board, pointing out once more, virtually, a lack of clearness and an at least improper use of the spaces dedicated to the Members information.
Not to mention this already well-known deplorable behaviour of the actual Board, we decided to break the silence in which we have been until now unfairly banished, by publishing – as a start – on this web site (by the way under construction and really intended for other purposes) the letter we sent on July 10th 2010 to the Board and, for information, to all the Members.
REF:
BININI ETTORE
titolare dell’allevamento con affisso “del
Bianello”, ANGIOLI EMILIANO titolare
dell’allevamento con affisso “della Cala del
Leone”, DAVIDE FRANCESCHINI titolare
dell’allevamento con affisso “del Nord
Ovest”, TERRANOVA MASSENZIO titolare
dell’allevamento con affisso “Torre di
Nebbia”, GIOVANNI MARCHESIN titolare
dell’allevamento con affisso “di Xara”,
FERILLI PIER PAOLO titolare dell’allevamento
con affisso “dell’Aurea Dragonda”, ALFANO
ANIELLO titolare dell’allevamento con
affisso “della Torre di Velia”, CASARINI
ALBERTO e BARBARA DAGNINO titolare
dell’allevamento con affisso “degli
Allisonblu”, LA PUMA GIUSEPPE titolare
dell’allevamento con affisso “di Casa
Aaron”, STEFANO DI SILVESTRI titolare
dell’allevamento con affisso “della Val di
Noce”, CARLA CARLETTI titolare
dell’allevamento con affisso “dei Monti del
Keraton”, RIZZO GIUSEPPE titolare
dell’allevamento con affisso “dell’Alto
Feudo”, IVO INGRAFFIA titolare
dell’allevamento con affisso “Bigulla”, D’ALEO
SALVATORE titolare dell’allevamento con
affisso “Del Satiro Danzante”, nonché dei
soci della Società Italiana Alani, SCALISI
ANTONIO, CANDIDO CLAUDIO, FRATTINI
ALESSANDRA, MORLOTTI ELIO, FRANCESCO
MERCURI, MASNATO CATERINA, PIROTTA CLAUDIO,
EMANUEL MARISA MONICA, ANDREA CORRADI,
PAPICCIO TAMARA CARLA, PAGLIALUNGA LUCA,
PIETRO DI BARI, ROBERTO CALABRESE, LOBELLO
FILOMENA, SBLENDORIO MATTIA, BIONDI MASSIMO,
GIOVANNI ALBANESE, DIEGO BOSCIA, ELENA
SCUPOLA, CECCHERINI SILVIA, VITIELLO
RICCARDO, FORMICA LIDIA, VITTORIA
AMENDOLAGINE
/
SOCIETA’ ITALIANA ALANI
I am acting on behalf and in the interest of
the above mentioned SIA Members and breeders
and following to my several previous
letters, as well as to the communication
published three days ago on the SIA official
web site, in order to contest you the
following:
My clients were astonished in reading the
libellous contents of your communication, by
the way once more not truthful, and only
finalized to harm their reputation, as well
as to dim the clearness of the legitimate
legal actions they undertook towards you.
You wrote in fact in your communication that
for “the discomfort the Members are
experiencing and the lack of serenity
created in the Club” the antisocial
behaviour of “a minority of Members”
further on described as dissentients
should be hold as responsible.
Relating to that I would like to point out,
since the above definitions you used cannot
and should not be related to the actions nor
to the persons of my clients, that,
according to the Italian dictionary, the
word “antisocial” means “contrary
to the balance, he institutions and the
aspirations of the society” and also “individual
whose behaviour is characterized by
egocentric antagonism”; furthermore “dissentient”
is “the one who expresses opinions and
ideas different or even in contrast with
those of the majority”.
It is in fact substantially proved that my
clients never intended to oppose themselves
to any rule or regulation of the Club, but
instead undertook legitimate legal actions
in order to demonstrate that the Board
infringed SIA statutory regulations. Not an
antisocial behaviour, but only and
solely the pursuit and the respect of the
statutory regulations.
After having clarified what above, my
clients invite and enjoin SIA Board
to immediately withdraw from the official
web site the above mentioned communication,
with the above mentioned libellous
sentences, considering most of all the
importance and international evidence of the
web site, as well as to publish on it formal
due apologises, by advising you that, at
fault, they will take legal steps.
Regarding instead the fact according to
which “my clients did never express any
concrete proposal in order to modify or to
ameliorate the Ethical Code” this looks
absolutely incomprehensible because the
matter of the judgement hanging on at Milan
Law Court does not regard in any way my
clients refusal to recognize the existence
and the application of an ethical code, but
regards if anything the unlawful modus in
procedendo of the Board for its
application. In fact, as contested in the
legal acts and in the enjoin remarks sent
before, the ethical code needed, in order to
come into force, to be previously discussed
and approved by the Members General
Assembly, but this proceeding was completely
disregarded by the Board.
For this purpose it is necessary to point
out that, only and solely with the aim of
finding a shared and conciliating solution
among the parties, as well as in the
exclusive interest of the Club and of the
breed, my clients sent to the SIA Board a
serious and concrete settling proposal dated
June 28th 2010, on which in point
5) they wrote “withdrawal of the ethical
code and new proposition of it at the
Members General Assembly, for its
presentation, evaluation and discussion, to
be made after the new Board elections”
in the full respect of the statutory rules
and by granting the most elementary
democracy principles.
A particular legal contest needs the fact
that the SIA Board, in order to exploit it,
published contra legem on the
official web site the first court minutes of
the judgement hanging among the parties at
Milan Law Court, judgement that is only in a
very preliminary phase and that, therefore,
with the lack of a definitive verdict, could
not be published, as well as my letter could
not be published lacking of a publication
authorisation. It is of public evidence,
once again, the exclusive and
improper management of the web site
performed by the Board, that not only
publishes my letter without my authorisation
(in scorn and infringement of what expressed
at the bottom of my letter dated
28.06.2010), but, in the meanwhile, always
for exploitation purposes, does not publish
the many objection notes sent also to all
the Members in their own interest.
After these necessary preliminary remarks,
we repeat once more our numerous invitations
sent to the Board and to SIA President to
immediately issue of a certified copy of
the Members General Assembly minutes of
22.05.2010 with the eventual enclosures, of
the presents minutes, as well as the
certified copy of all the proxies, of all
the members applications presented and
approved from year 2000 until 2010, of the
SIA complete financial statements from year
2000 until 2006 (as requested with letters
dated 31.05.2010 and 15.06.2010), which
you did not at all answer – as well as to
all the letters we sent you until now –
neither explaining the reasons of such a
grave, unjustified and illegitimate refusal.
At last my clients claim and contest,
once more, to the Board and to SIA
President that the Club official web site
results to be since months partially blamed
and not up-to-date in the section regarding
the Breeder Members and the relating
surveys, notwithstanding the hanging on
judgements and the several enjoin notes,
but, even more serious, notwithstanding the
deliberations approved by the majority of
two Members Assemblies on this point.
Well, with the present letter I am
inviting and enjoining, once more, the
Board and SIA President to reinstate the
Club official web site, since your
unjustified inertia and non-fullfillment is
causing grave damages to all the Members, in
addition to my clients.
Finally, I invite and enjoin you to
immediately publish the present letter on
the SIA official web site and on the “Giornalano”,
for par condicio and for the so
invoked clearness.
Yours faithfully.
Ivo Ingraffia, Lawyer
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