From the World
The Council of State, stop the exceptions on concessions for the beaches, the tenders immediately
The sentence has been published, ‘disapply the extensions, the beach resource is scarce’. A situation that also closely affects Campania and Castellammare di Stabia.
of Ansa
The Council of State confirms the expiry of state concessions for beaches on 31 December last year, thus obliging the administrations to disapply any exemptions on 31 December 2024, and refers “to the principles of the EU Court of Justice” to “immediately the tender procedure to award the concession in a truly competitive context”.
The ruling underlines that the beach resource “is scarce”.
Sentence No. 03940/2024, published yesterday and decided by the VII section on March 12, concerns a 2023 appeal by an owner of a bathing establishment in Rapallo. The judges refer to the “principles of the EU Court of Justice, 20 April 2023, and to all previous European jurisprudence to immediately start the tender procedure to assign the concession in a truly competitive context”.
Consequently, they underline the obligation for municipalities to disapply the exemptions by confirming the deadline
of concessions as of 31 December last year. Furthermore, the sentence contests the fact that the beach resource is not scarce, a thesis instead supported by the government in the mapping carried out by the government and sent to Brussels and brought due to the failure to apply the Bolkenstein directive.
“We are dismayed by yet another ruling from the Council of State which does not even respect the Draghi law on the terms of 2024 pending a long-awaited reform of the seaside sector, nor the work required by the services directive on mapping that the Government is managing nor the formal negotiation with the EU Commission for a reform that we now believe is necessary to bring order to the sector. We are against the courts that make the rules by replacing Parliament and also intervening on Euro-unitary principles. A situation of chaos that our country certainly cannot afford once the season has begun “. Marco Maurelli, president of Federbalneari Italia, says so.
Wednesday 1 May 2024 – 08:58 | © ALL RIGHTS RESERVED
