In 2006, the Bolkestein Directive (2006/123/EC) forced Member States to liberalize the sector of beach concessions, eliminating the automatic renewal system. However, Italy has often extended such concessions, prompting the European Union to open infringement proceedings.
Recently, the Council of State, with sentence no. 3940/2024, declared the extension of the beach concessions until 31 December 2024 illegitimate. It established that local governments must disapply any extension beyond 31 December 2023, in accordance with the limits of European law.
Therefore, the current extensions of beach concessions must be considered invalid. Although some legal interpretations have deemed the continuation of seaside activities legitimate pending legislative intervention, the ruling of the Council of State appears in line with the EU Directive. Italian beaches, in the absence of valid concessions, are therefore freely accessible to all citizens.
Citizens can use the beaches as “free”, bringing umbrellas and sunbeds even to the areas occupied by establishments with expired concessions, without the managers being able to object.
The Port Authorities, according to the Navigation Code (RD 327/1942), must ensure compliance with the rules on the use of state maritime property. They must take measures to monitor, verify and sanction the use of illegitimately extended beach concessions, guaranteeing free access to the beaches for citizens, concludes Codacons.
Corriere Salentino reports it.
