There is concern from Pomezia to Gaeta, passing through the beaches of Ardea, Anzio, Nettuno, Latina, Sabaudia, San Felice, Terracina… throughout the Roman and Pontine coast among the managers of beach establishments.
The EU Court of Justice has in fact decided to say No to the extension of beach concessions and “give immediately launched the tender procedure to award the concession in a truly competitive context”.
The Council of State has rejected the appeal of a company that manages a bathing establishment in Rapallo. The appeal had already been declared “unproceeded” due to the supervenience of law 118/2022.
The provisions introduced had established the final term of duration of the concessions in existence on the date of entry into force of the law itself on 31 December 2023.
The factories of Anzio and Nettuno have also appealed against their respective administrations for the decision not to renew the concessions.
Likewise in Pomezia and Ardea, as well as in Latina and the province, there may be difficulties this season.
But all these appeals to the Council of State (CoS) have very little chance of having a positive outcome for beach resorts.
The CdS: “Right away to the races”
We read in the ruling of the Council of State:
“The effect that would derive from the proceeding, hypothetically, of the appeal would not be the revival of the original, and illegitimate, regime of temporal duration of concessions provided for by law no. 145 of 2018″, rather, “precisely by applying the ruling of the EU Court of Justice” of 20 April 2023 “and all previous European jurisprudence”, the “opposite one, sanctioned by the Court, of immediately start the tender procedure to award the concession in a truly competitive context”.
And again: “It is of no use to the appellant to argue – notes the Council of State – on the basis of mere apodictic statements, with particular reference to the existence of a certain cross-border interest, as well as to the scarcity of the resource, that the concession to today’s appellant would certainly be deprived of the requirement of certain cross-border interest required by Directive 2006/123/EC”.
For the Council of State, “these are mere assumptions, without proof, as the resource is certainly scarceas this Council of State has already clarified in the ruling of the 2021 Plenary Assembly, and the presence or absence of cross-border interest certainly does not depend on the mere, however only affirmed, limited economic relevance of the concession”.
The Security Council contradicts the Security Council
The presidents of Assobalneari, a member of Federturismo Confindustria and La Base Balneare con Donnedamare explain:
“We are witnessing the publication of two rulings from the Council of State that conflict with each other.
A temporarily prevents the tendering of beach concessions and sends every decision back to the European Court of Justice, the other instead obliges municipalities to call tenders immediately. Few ideas and very confused.”
300,000 jobs at risk in beach establishments?
In particular, a note reads:
“The infamous ruling of the Council of State which obliges Italian Municipalities to launch tenders to reassign beach concessions immediately, in disagreement with what is defined in the Milleproroghe, will have devastating effects on employment by putting the entire sector is at risk that comes to occupy up to 300 thousand workersmostly already hired, for the season”.
For the associations, “the competitions also put at risk the offer of seaside services for this summer, in which families and tourists they risk no longer finding the factoriesand at the same time create certain economic damage for families and tourists”.
Deckchair and umbrella prices +50%
“In all cases where tenders were held in tourist locations, we witnessed price increases for beach services of up to 50%and this without creating increases in revenue for the State.
We hope that the Government will urgently adopt a legislative provision to protect over 30 thousand companies and correct this incorrect interpretation of the administrative judges”, conclude the presidents.
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