Palermo rejects appeal: Mondello beach remains with Italo Belga

Last Updated: April 30, 2024

Palermo, respinto il ricorso: la spiaggia di Mondello resta alla Italo Belga

The appeal to the Administrative Court (Tar) filed by Marelibero srl against the extension of the concession granted by the Regional Department of Territory to Italo Belga, a company that manages a large part of the beach in Mondello, a seaside resort in Palermo, has been rejected because it was found to be inadmissible. The judges of the first section accepted the arguments of Italo Belga’s lawyers, Carlo Comandè and Andrea Ciulla. The decree issued by the assessor on December 30, 2023, which decided on the extension, therefore, will not be annulled.

According to Marelibero, however, the European Commission had expressed its opposition to the latest extension granted. On November 16, 2023, it issued a reasoned opinion inviting Italy to comply with European standards. Nevertheless, the national legislature further extended the deadline until December 31, 2024, and under certain conditions, until December 31, 2025. The administrative judges, however, deemed that the company requesting the annulment of the act did not have a current concrete interest.

“The appellant – as stated in the sentence – is a newly established single-member company with a registered capital of (only) 500 euros. Based on the available records, the company is currently inactive and it did not submit any specific request to the Department of Territory and Environment for the assignment of a part of the maritime domain, even concerning the Mondello beach, which it claims to have a predominant interest in operating. Nor does it appear to have submitted an alternative project to the existing situation.” This led to the decision to dismiss the appeal for lack of standing.