The Council of State confirms the ‘no’ to the extension of beach concessions and recalls the line sanctioned by the EU Court of Justice to “immediately start the tender procedure to assign the concession in a truly competitive context”. With a ruling filed today by the seventh section, Palazzo Spada has the appeal of a company managing a bathing establishment in Rapallo was rejectedan appeal which had already been declared “impossible” due to the supervenience of law 118/2022, the provisions of which 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 effect that would derive from the admissibility, hypothetically, of the appeal – we read in today’s sentence – would not be the revival of the original, and illegitimate, regime of temporal duration of concessions provided for by law no. 145 of 2018”, but 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 starting the tender procedure to assign 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 in the hands of today’s appellant would certainly be deprived of the requirement of certain cross-border interest required by Directive 2006/123/EC”.
For Palazzo Spada, “these are mere assumptions, without proof, as the resource is certainly scarce, as this Council of State has already clarified in the pronouncement of the plenary meeting” of 2021, 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“.
“300,000 jobs at risk”
“We are witnessing the publication of two rulings from the Council of State which conflict with each other: one temporarily prevents the tendering of seaside concessions and refers any decision to the European Court of Justice, the other instead forces the municipalities to immediately call tenders. Few ideas and well confused”.
This is the immediate comment on today’s pronouncements by the presidents of Assobalneari, a member of Federturismo Confindustria and La Base Balneare con Donnedamare. In particular, we read in a note, “the wicked 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, putting at risk the the entire sector which employs up to 300 thousand workers, mostly already hired, for the season”.
For associations, “the competitions also put the offer of beach services at risk for this summer, in which families and tourists risk no longer finding the establishments, and at the same time create certain economic damage for families and tourists”.
“In all cases in which 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.
“The absence of compensation prevents the tender”
“The Council of State in a decision, filed today, confirms what was established in a similar one dated 17 January. The absence of the provision of compensation for the current concessionaires prevents the tendering of the current maritime state concessions” he then explains Antonio Capacchione, president of the Italian Seaside Union (Sib). “This is now a consolidated jurisprudential orientation. These are decisions that prevent any escape from the Municipalities. I hope that, as repeatedly promised, the Government will issue a law as soon as possible. And we will win this battle of ours to defend work, companies and Italian equipped bathing” adds Capacchione recalling that it is “a successful model that the world envies us and that we will not allow anyone to destroy”. And he concludes: “The Council of State also says that the tender cannot be launched in the absence of a provision regarding the right to compensation for the currently operating concessionaires”.
