Antitrust appeal to the TAR against the Municipality of Ravenna for extension

An opinion from the Competition Authority had invited the Municipality of Ravenna to make an about-turn but the administration considers the 12-month extension until 31 December 2024 legitimate

The Competition and Market Authority (Agcm), at the meeting of 21 May 2024, agreed to present appeal to the regional administrative court (Tar) of Emilia Romagna against the resolution of the Ravenna municipal council of 28 December 2023 which extends the expiry of maritime state concessions by one year with tourist-recreational purposes set for 31 December 2023.

The Agcm had provided an opinion to the Municipality on 12 March 2024. In its opinion, the Authority considered that the Municipality of Ravenna should not have extended the concessions, because they were in conflict with European principles and regulations, but proceeded with the completion of the tender procedures. The Municipality of Ravenna, with a communication dated 13 May 2024, reiterated the legitimacy of the provision covered by the opinion, not agreeing and contesting what was stated by the Antitrust. Having taken note of the municipal administration’s failure to comply with the reasoned opinion, the Agcm has decided to appeal to the TAR against the Municipality of Ravenna and another twenty municipalities in Italy which had extended the concessions without having called for tenders.

The Mare Libero coordination, an association founded in Florence in 2019 with the aim of freeing the sea and the beaches and returning them to the community, reiterates that the beach concessions have expired: «The judges have established that the extensions must be ignored because are contrary to European Union law. Therefore, this summer, no one can be prevented from planting their umbrella or spreading their towel on the beaches that are still illegitimately occupied without title by the structures of beaches and establishments. The government should immediately issue the decree for the reorganization of the maritime state property, providing for 50% of free beaches in each municipality and tenders that do not recognize compensation or other advantages to the outgoing concessionaires, because this would circumvent the principle of real impartiality of the tenders, as already underlined several times by the competent authorities”.

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