The TAR Salerno at the end of 2015 confirms the extension of concessions on the wharves of the port port Campania

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The Regional Administrative Court of Salerno, a ruling filed on Tuesday, has accepted a number of claims against the Port Authority of Salerno and the Ministry of Infrastructures and Transport, presented by the companies Diemme Nautical Centre Ltd, Astra Sub Antonio Lamberti & C. Snc Nautica Mare Salerno Srl Srl Autuori Mooring, Marine Ventura Ventura Silvio & C. Snc Company Shipyard Ventura Ventura & C. Snc di Silvio, Society of Ventura Ventura Pier and Silvio Antonio Snc Tuttonautica Ltd, South Coast Consortium Soriente Louis and Company Ltd. who had submitted applications to automatic extension to December 31, 2015 due to the concessions December 31, 2010 for the maintenance of areas of water, piers and mooring systems as well as complementary and ancillary concessions to them in the port of Campania.These requests were rejected by resolution of the President of the Port Authority n.196/2010 regarded as contrary to Community law (Directive 06/123/CE Services) requiring the selection procedures to ensure free competition and freedom of establishment.

The Administrative Court has established that Salerno applies the national standard that allows the extension to 2015. According to the judges, in fact, the aim of eliminating any advantage to Europe outgoing concession-holder and ensure broad competition on equal terms has been met by the Italian national standard, even if it has granted concessions to tourism and recreation in the end " mere extension of "2015, held by the TAR" reasonable, "what good" one-off "and" transient ".

The Port Authority of Salerno, however, stressed that the recognition of the consistency in the judgments of the intentions of the entity port orientation than European and it highlights "the laudable aim of ensuring, through new public procedures of the highest profitability State-owned asset and, therefore, more revenue for the administration, as well as the full realization of the principle of competitiveness ", although they can not disapply the TAR Salerno national standard for an extension, indeed precluded by other national administrative courts, making the legal issue" complex and objectionable ".

The Port Authority of Salerno pointed out that the judges did not have detectable Therefore, any entity in the work "culpable violation of law" nor "ultra vires", noting, however, that the ministerial circular No MIT 6105/2010 "is not a binding agreement for the Port Authority."In addition, the survey moved around by the "timely and prudent" defense entity port on the lack of tourist-recreational concessions for state-owned piers - which in this case would not have the right to extend to 2015 expressly reserved to the sun with concessions the specific nature - are without prejudice to further determinations that the agency intended to eventually take on the review of administrative factual and specific nature of each of the concessions involved in judicial decisions.