BARI – The Council of State agrees with the Municipality of Bari. The appeal of the company «Il Veliero» which requested the annulment of the act of the Municipality of Bari with which the request for reactivation of the state concession was rejected was rejected for the management of the «Pane e pomodoro» beach bar. The concession was revoked by the Municipality on 29 May 2020 after the Prefecture had notified the company of an anti-mafia interdiction (on 26 May 2020), suspended after the company had been admitted to judicial control (30 January 2021) after a self-assessment procedure cleaning, or with the dismissal of the person suspected of having contact with the underworld.
After the suspension of the ban, the company asked the Municipality to reactivate the state concession, which was not granted. Therefore, there was the appeal to the TAR, definitively rejected on 23 December 2022, and the appeal to the Council of State, rejected with a sentence published on 11 June. The judges of Palazzo Spada rejected the appellant’s claims, noting that “the revocation of the concession” occurred after the anti-mafia interdiction “for a fact attributable to the concessionaire”. Furthermore – it is said in the sentence – “given the distinctly fiduciary nature of the concession provision”, its release and reactivation, “in the event of previous forfeiture ordered following the outcome of an anti-mafia information, are both the subject of highly choices and evaluations discretionary”.
The administrative judges also note that among the reasons for denying the reactivation of the concession are the construction of illegal works in the area (approximately 49 square meters out of 217 of the entire concession) and the appellant’s arrears in the payment of state concession fees maritime and regional taxes.
