Palermo’s Tar stops extensions of maritime concessions
The deadline for state concessions has been extended to December 31, 2023 and cannot be automatically renewed. Even the judges of the Tar of Palermo reiterated in a sentence that the renewal of the concession is not automatic.
This emerges from the appeal filed by Motomar shipyard of the Mediterranean against the measures of the regional department for Territory which had established that the validity of the state concession was in force until the end of last year. The decision of the Sicilian Tar is in line with the Council of State which had blocked the exceptions in light of European decisions. The appellate judges had established that “a tender must be held to award concessions in a truly competitive context”.
According to the judges of the first section of the Tar, chaired by Salvatore Veneziano, the measures taken by the Region regarding the concessions in Mondello in the Fossa del Gallo are legitimate. The administrative judges also denied the company’s request for damages quantified against the Region.
“The Council of State has established in a general way the illegitimacy of a regulation on automatic extensions of the deadline for state concessions, because they are equivalent to an automatic renewal which hinders a selective procedure – the sentence reads – In light of the prevailing jurisprudential direction, there is in no way a legally identifiable automatic extension of a maritime state concession”.
Il Tar di Palermo dice stop alle proroghe delle concessioni demaniali
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