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The Council of State confirmation the right of the Harbour Authority of Venice and the Marine Authority to administer the technical-nautical services independently
Restated how much already established from the judgment of the Regional Administrative Court of Veneto
December 21, 2011

The Council of State has confirmed the right of the Harbour Authority of Venice and the Marine Authority independently to administer the technical-nautical services and the harbour operativity. With sentence 13th December, that we publish below, the Council of State in fact has rejected the resource proposed from the Reunited Tugs Panfido against the ministry of Infrastructures and the Transports and the Harbour Authority of Venice and regarding the associations of the shippers and the shipping agents of Venice and Veneto with the objective to on June 15, 2010 reform the sentence of the Regional administrative court of the Veneto that in its turn has rejected the resource proposed from same the Reunited Tugs Panfido for the cancellation of the decree n. 41 on April 30, 2010 of the Harbour office of Venice of modification to Regolamento for the service of towing of the ships in the port of Venice and of the connected actions, between which in particular note on March 3, 2010 "Proposed of new regulations for the service of towing in the Port of Venice", with annexed rough draft of regulations, of the president of the Harbour Authority of Venice.

Specifying that the pronunciamento of the Council of State entrusts the organization and the discipline of the technical-nautical services to the understanding between the Harbour Authority and the Harbour office assigning to the ministry of Infrastructures and the Transports a competence to exercise in the single hypothesis of lacked attainment an understanding between the two marine-harbour institutions, Port Authority of Venice it has evidenced that, "from a legal point of view, the Council of State has restated that article 102 of the navigation code - where it is previewed that "the norms on the discipline of the service of towing in every marine port are established by local regulations, approved of from the minister of the Transports and Navigation" - partially it is repealed by the effectiveness of art the 14 of the law 84/94 that the determination of the norms entrusts on the discipline and the organization of the services of towing in every port center of Harbour Authorities to the understanding between this last and the Harbour office".

"The sentence of the Council of State, than confirmation how much already established from the judgment of the Regional Administrative Court of Veneto on June 15, 2010 - it has concluded the Venetian harbour agency - allows therefore better an organization of the nautical services technical in the port of Venice with the objective to increase the competitiveness of the harbour operations and therefore to attract more traffic".





N. 06526/2011REG.PROV.COLL.
N. 08962/2010 REG.RIC.

ITALIAN REPUBLIC
IN THE NAME OF ITALIAN PEOPLE

The Council of State
in jurisdictional center (Section Sixth)

it has pronounced anticipates

SENTENCE

on the resource number of general registry 8962 of 2010, proposed from the s.r.l. Reunited tugs Panfido & C.. in person of the legal representative in charge, represented and defended from lawyers Gianluca Rizzardi, Alessio Vianello and Andrea Manzi, near quast'ultimo electively domiciled in Rome, via Confalonieri, 5;

against

The Ministry of infrastructures and the transports in person of the Minister in charge, represented and defended from the general Legal profession of the State, domiciliataria in Rome, via of the Portugueses, 12;
the harbour Authority of Venice in person of the President in charge, represented and defended from lawyers Francesca Gravili, Francesco Acerboni and Gabriele Pafundi, near this last one electively domiciled in Rome, Giulio Cesare tree-lined avenue, 14;

regarding

Association enterprises of Venice shipment, Association marine raccomandatari and mediating agents of Veneto, not constituted in according to degree of the judgment;

for the reform

of the sentence of the T.A.R. VENETO - VENICE: SECTION the n. 2547/2010, been profitable between the parts, concerning MODIFICATIONS AL REGULATIONS FOR the SERVICE OF TOWING DELLE NAVI - (RIS.DANNI);

Seen the resource in appeal and relative the attached ones;

Seen the certificates of incorporation in judgment of the intimate Administrations;

Seen the defensive memories;

Visas all the actions of the cause;

Reporter in the public audience of the day 22 November 2011 councilman Roberta Vigotti and hearings for the parts lawyer Manzi, the lawyer of the Bacosi State, and lawyer Santarelli for delegation of lawyer Pafundi. ;

Considered and considered in fact and right how much follows:


FACT and RIGHT

I) The society reunited Tugs Panfido and C., concessionaire of the marine Authority for the service of towing in the port of Venice, with the resource n. 927 of 2010 have appealled in front of the Regional Administrative Court of Veneto the decree n. 41/10 of the bringing Harbour office, advance understanding with the harbour Authority, modifications, to experimental and temporary character, of the regulations of the service of towing of the ships in the port of Venice, approved of from the Ministry of Transportation with I decree on February 18, 2008.
The Regional Administrative Court, with sentence returned to the outcome of the Council Chamber in which the precautionary request was discussed, has rejected the resource.

II) the appellant society in the second degree reproposes the censorships carried out in front of the first judge, relative to the lacked approval the regulations by the Ministry, to the lacked involvement the operators of the port, to the excess to be able under various profiles, and critic the sentence appealled in the parts in which:
- it has considered art. the 102 cod. implicitly abolished navigation from art. the 14, codicil 1 ter, law n. 84 of 1994;
- it has excluded the violation of the articles. 7 and ss and 14 and ss. law n. 241 of 1990 and the Ministry Circular n. 1739 of 2000;
- it has not considered, which decisive point of the controversy, than the digging of the harbour channels, adduced to reason of the prescribed modification, to the age of the adoption of the provision it was not even begun;
- it has omitted to consider the lacunosità of the preliminary investigation lead from the Harbour office, also because of the lack of the opinion of the Corporation pilots Venetian matting.
The appellant society concludes for the reform of the same sentence, with acceptation of the resource first degree also to the aims of the compensation of the suffering damage.
The intimate public Administrations have been formed; the Ministry of infrastructures and the transports has proposed incident appeal asking the reform for the sentence in the part in which it has considered that art. the 102 cod. navigation, for effect of which the approval of the local regulations of the towing service is of competence of the same Minister, is repealed by art. the 14, codicil 1 ter, of the law n. 84 of 1994.

III) the appeal proposed from the s.r.l. Reunited tugs Panfido are groundless, and can therefore prescind examining the profiles of inammissibilità of same and the resource first degree (desumibili from the taken part adoption of provisions having effectiveness on the same matter object of the judgment and that they have lead to the definitive approval of the new regulations for the service of towing in date 31 Decembers 2010).
It must first of all be observed that art. the 14, codicil ter, of the law n. 84 of 1994, added from art. the 2, d.l. 21 October 1996, n. 535, conv. in l. 23 Decembers 1996, n. 647, are clear in establishing that "in the ports center of harbour Authority the discipline and the organization of the services of which to codicil 1 second they are established by the marine Authority of understanding with the harbour Authority" and that "in understanding defect it only supplies the Minister of the transports and navigation" (codicil 1 second comprises, between other technical-nautical services, that of towing), while the obligatory nature of the service of pilotage and the criteria of formation of the rates remains of central ministerial competence to establish.
It is groundless, therefore, the reason carried out from the turned appellant to contest, on the point, the appealled sentence.
It turns out also groundless, based on the same considerations, the carried out incident appeal from the Ministry of infrastructures and of the transports, since, as one has been said, I leave again of competences defined from the law n. 84 of 1994 are worth to make to consider that the provision appealled, emanated from the Harbour office (peripheral office of the Ministry of infrastructures and the transports) advance understanding with the harbour Authority, correctly are brought back by the first judge in the within of the competences established from the law.
As for the next reasons of the main appeal, the following considerations are worth to make some to consider the infondatezza:
- the encumbrance reason is groundless with which the violation of it is restated obligation of communication of the start of the procedure of which to art. the 7 of the law n. 241/1990, since the regulations for the service of towing, modified with the deliberation of that be, constitute a normative action of general capacity, as such removed to the norms on the participation according to the disposed one of art. the 13 of the law n. 241/1990, law recalled from the Ministry Circular cited from the appellant (n. 1739 of 2000);
- not even the deficiency of preliminary investigation and motivation, complained from the recurrent one does not turn out subsistent, considering that the determination to modify, and temporarily experimental, the towing regulations achieves to considerations pertaining to the discrezionalità of the Administration with respect to the total situation of safety of navigation, than avoids to the jurisdictional union if not for reasons of illogicità, not subsistent in this case under investigation; for analogous reasons, data the temporary character of the prescribed modifications, the lacked acquisition the opinion (not binding) of the Corporation pilots Venetian matting, than is however expressed on the proposal of modification however in soprassessorio sense, it does not constitute defect of the appealled provision;
- from the reiezione of the impugnatoria part of the resource first degree, than the College confirmation, the infondatezza of the advanced risarcitoria pretension from the recurrent one derives.

IV) In conclusion, the main appeal and that incident one are groundless and go rejected.
The expenses of the judgment go placed at the expense of the appellant society and they are liquidated in device in favour of the harbour Authority, while they can be compensated for the remainder.

P.Q.M.

The Council of State in jurisdictional center (Section Sixth), definitively pronouncing on the appeal in indicated epigraph n. 8962 of 2010, reject it; it rejects the proposed incident appeal from the resistant Ministry, confirming, for the effect, the appealled sentence.

Sentence the society appellant to refund to the harbour Authority of Venice the expenses of the judgment, in the measure of 5.000 (five thousand) euros for both degrees of the judgment, beyond VAT and CPA.

It compensates for the remainder.

It orders that sentence anticipates is executed by the administrative authority.

So decided in Rome in the Council Chamber of the day 22 November 2011 with the participation of the magistrates:
Luigi Maruotti, President
Roberto Garofoli, Councilman
Manfredo Atzeni, Councilman
Roberta Vigotti, Councilman, Drafter
Bernhard Lageder, Councilman




THE DRAFTER


THE PRESIDENT

DEPOSITED IN SECRETARIAT
The 13/12/2011
THE SECRETARY
(Art. 89, Co. 3, cod. proc. amm.)
›››News file
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Israel-Iran conflict prompts Maersk to suspend calls at Haifa port
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Northern European Nations Commitment to Counter Russian Shadow Fleet
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Alessandro Pitto confirmed as president of Fedespedi
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SAILING LIST
Visual Sailing List
Departure ports
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- country
- geographical areas
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"Sorry, We Subcontracted You" Report Presented
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"Grendi Star", with a load capacity of 2,800 linear meters, will connect Marina di Carrara and Cagliari
FREMM frigates operational support contract signed between Orizzonte Sistemi Navali and OCCAR
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The agreement has a total value of approximately 764 million euros
Call to reform the entire driver training system in the transport sector
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Seven proposals presented
In the port of Gioia Tauro, the Guardia di Finanza soldiers seized 228 kilos of cocaine
Reggio Calabria
Two dockers arrested
Port of Livorno, new observatory to find solutions to the problem of port congestion
Leghorn
Marilli: We will seek solutions to reach the possible revocation of the port fee
Lockton PL Ferrari closed the last fiscal year with gross revenues of 34 million dollars
Genoa
Insurance premium volume rose to 350 million
Polish Trans Polonia Group acquires Dutch Nijman/Zeetank Holding
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d'Amico Tankers Sells Two 2011-Built Tankers for $36.2 Million
Luxembourg
They will be delivered to buyers by the end of July and on December 21st.
The Italian Merchant Marine Academy plans 13 new free courses
Genoa
Over 300 positions available
A delegation of Wista Italy visits the ports of Catania and Augusta
Catania/August
The association is made up of women who hold positions of responsibility in the maritime, logistics and trade sectors.
In the first five months of 2025, the port of Algeciras handled 1.9 million containers (-6.3%)
Algeciras
Empty containers decreased by -5.5% and full ones by -6.4%
Reway Group enters the port railway infrastructure maintenance sector
Licciana Nardi
Two contracts awarded by the AdSP of the Eastern Ligurian Sea
Delcomar and Ensamar take over maritime services with the smaller Sardinian islands
Cagliari
The tender for the six-year concession of the connections has been awarded
Port of Trieste, the newly appointed Gurrieri torpedoes the newly appointed Torbianelli
Trieste
Russo (Pd): it's a squalid power game
Singapore's SeaLead expands its maritime shipping offering to connect Turkey and Italy
Singapore
Route connected to services transiting the Suez Canal
The US Container Security Initiative program has been extended to Morocco
Rabat
Amrani: Let's consolidate Tanger Med's role as a safe and world-class maritime hub
Very positive first quarter for Greek Euroseas
Athens
Pittas: the positive momentum continued in the second quarter
Assonat and SACE present a plan for Italian tourist ports
Rome
Kuehne+Nagel has opened a new branch in Naples
Milan
The aim is to support the operational growth of the group in Southern Italy
RINA has acquired the entire capital of Finnish Foreship
Helsinki
The Helsinki-based company specializes in consulting in the field of marine and mechanical engineering.
Container traffic down at Barcelona and Valencia ports in May
Barcelona/Valencia
Resumption of containers in transit at the Catalan port
Annual cargo traffic in Greek ports stable in 2024
Piraeus
Domestic volumes are growing, while foreign trade is decreasing
Perplexity of freight forwarders, customs agents and maritime agents of La Spezia at the transfer of the port of Carrara to the Tuscan AdSP
The Spice
Timidly, they "hope for consideration for the progress made so far"
Francesco Mastro appointed extraordinary commissioner of the Southern Adriatic Sea Port Authority
Rome
He will take up office on June 30th.
John Denholm to be new president of the International Chamber of Shipping
Athens
He will take over from Emanuele Grimaldi in a year
Extraordinary commissioners of the two Ligurian Port System Authorities have been installed
Genoa/La Spezia
Matteo Paroli and Bruno Pisano at the helm of the institutions
Container traffic at Hong Kong port drops sharply in May
Hong Kong
1.05 million TEUs were handled (-12.7%)
Assogasliquidi-Federchimica shows the way to accelerate the decarbonization of road and maritime transport
Rome
Amadei: Our sector is ready and the time has come for courageous industrial choices
Eagle S tanker command blamed for cutting submarine cables in Gulf of Finland
Advantages
The accident was caused by the ship's anchor
Online platform to report critical issues that put transport workers at risk
Genoa
It was prepared by Fit Cisl Liguria
GNV to create a direct summer connection between Civitavecchia and Tunis
Genoa
It will run alongside the historic route via Palermo
The unification of Grimaldi's concessions in the port of Barcelona has been completed
Madrid/Barcelona
The contract expires on September 20, 2035.
In the first five months of 2025, cargo traffic in Russian ports fell by -4.9%
St. Petersburg
A decrease of approximately -12% was recorded in May
Raben Logistics Group Creates Subsidiary in Türkiye
Milan
It will have 20 employees and a 2,000 square meter cross-dock warehouse
Alberto Dellepiane confirmed as president of Assorimorchiatori
Rome
The composition of the entire association leadership remains unchanged
Agreement between Fincantieri and Indonesian PMM to develop solutions to face new unconventional underwater challenges
PORTS
Italian Ports:
Ancona Genoa Ravenna
Augusta Gioia Tauro Salerno
Bari La Spezia Savona
Brindisi Leghorn Taranto
Cagliari Naples Trapani
Carrara Palermo Trieste
Civitavecchia Piombino Venice
Italian Interports: list World Ports: map
DATABASE
ShipownersShipbuilding and Shiprepairing Yards
ForwardersShip Suppliers
Shipping AgentsTruckers
MEETINGS
The Assarmatori assembly will be held in Rome on July 1st
Rome
"Mediterranean against the current" the theme of the meeting
The public meeting of the International Containers Studies Center will be held in Genoa on July 2nd
Genoa
››› Meetings File
PRESS REVIEW
US has its eye on Greek ports
(Kathimerini)
Proposed 30% increase for port tariffs to be in phases, says Loke
(Free Malaysia Today)
››› Press Review File
FORUM of Shipping
and Logistics
Intervento del presidente Tomaso Cognolato
Roma, 19 giugno 2025
››› File
Structural adaptation works on dock 23 of the port of Ancona awarded
Ancona
Intervention worth over 11.8 million euros
Conference on the role of LNG and bioLNG for the decarbonisation of transport and industry
Rome
The Federchimica-Assogasliquidi event will take place on Monday in Rome
Dutch Bolidt increases presence in cruise ship sector with acquisition of American Boteka
Hendrik Ido Ambacht
Contship Italia has acquired the Genoese customs services company STS
Melzo
The Ligurian company was founded in 1985
Francesco Benevolo has been appointed extraordinary commissioner of the AdSP of the Central-Northern Adriatic Sea
Rome
He is the operations director of RAM - Logistics, Infrastructure and Transport
Montaresi resigns as commissioner of the Eastern Ligurian Port Authority
The Spice
In the eight months of administration - he underlines - we have not lost even a second
Gurrieri has been appointed extraordinary commissioner of the AdSP of the Eastern Adriatic Sea
Trieste
Pending the completion of the formal process for the designation of the president
The commissioners of the AdSP of Western Liguria have handed over their mandate to Minister Salvini
Genoa
The decision is part of the process of designation and nomination of the new leaders
Confetra criticizes the provisions of the decree-law Infrastructure for road transport
Rome
The Confederation urges the blocking of the process of appointing the presidents of the port authorities
Taiwanese Evergreen, Yang Ming and WHL saw revenue decline in May
Keelung/Taipei
The decline is accentuated for the two main companies
South Korea's KSOE wins order to build eight 15,900 TEU containerships
Seongnam
The unit value of each vessel is approximately $221 million.
First port terminal for car traffic of Greek Neptune Lines
Piraeus
It will be inaugurated next year in the French port of Port-La Nouvelle
The assembly of the association of Genoese maritime agents and brokers will be held on June 16th
Genoa
Round Table on Genoa, the hub of the North West and the Mediterranean
BN di Navigazione Board of Directors Renewed
Genoa
BluNavy aims to reach one million passengers by 2025
Viking Line designs world's largest all-electric ro-pax vessel
Viking Line designs world's largest all-electric ro-pax vessel
Åland
Record Monthly Container Traffic at Turkish Ports
Ankara
In May, almost 1.4 million TEUs were handled (+17.6%)
Sergio Landolfi has been elected president of the Customs Association of the Port of La Spezia
The Spice
The board of directors has been renewed
The ferry industry elite will attend the Interferry conference in Salerno in October
Victoria
Event titled "Connections"
Uniport launches an initiative to support ALS research
Rome
Fundraising for the NeMO Clinical Center Serena Foundation Onlus
The Propeller Club of Genoa has analyzed risks and opportunities of using AI in the maritime and insurance sectors
Genoa
The importance of training in the use of technology was highlighted
Chantiers de l'Atlantique delivers luxury cruising yacht Luminara to The Ritz-Carlton Yacht Collection
Saint Nazaire
The ship will debut in Alaska
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