testata inforMARE
Cerca
02 October 2024 - Year XXVIII
Independent journal on economy and transport policy
04:50 GMT+2
LinnkedInTwitterFacebook
This page has been automatically translated by
Original news
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are established by local regulations, approved of from the minister of the Transports and Navigation" - partially it is repealed by the effectiveness of art the 14 of the law 84/94 that the determination of the norms entrusts on the discipline and the organization of the services of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
FROM THE HOME PAGE
Business calls for Joe Biden to suspend strike at US Atlantic and Gulf ports
Washington / Genoa
The U.S. Chamber of Commerce, it would be unresponsive to allow a contractual dispute to inflict such a shock on our economy. Heavy, warns Spediport, repercussions on the port of Genoa
Indian government activates a five-year plan to double down on cruising traffic
Mumbai
Envisioned the modernization of port terminals and the realization of new infrastructure
The strike began in the ports of the East Coast and Gulf States.
Lyndhurst / North Bergen
The ILA has rejected the latest advance bid in the past hours by the USMX. Teamsters announced that truck drivers will not cross the pickets of port workers
Carnival cruising group collects another record quarter
Carnival cruising group collects another record quarter
Miami
Positive the outlook for fiscal year 2025
In the second quarter, the traffic of the containers handled by the Eurokai port terminals grew by 9.6% percent.
In the second quarter, the traffic of the containers handled by the Eurokai port terminals grew by 9.6% percent.
Hamburg
In Germany the volume was 1.8 million teu (+ 8.3%), in Italy of 446mila teu (+ 8.6%) and in the other foreign terminals of 872mila teu (+ 12.8%)
Port of Gioia Tauro, on October 14, 10th meeting for the eventual constitution of the ex-art enterprise. 17
Joy Tauro
In case of failure of the negotiation, the extension of the Labour Administration Agency will be solicited.
Cancelled the order of the Zéphyr & Borée to HMD for five wind-propelled container vessels
Ulsan
Termination of the contract at the request of the French shipowner
The Japanese group "K" Line sells 47% percent of the "K" Line Logistics to the countrywide Kamigumi
Tokyo
The transaction will be implemented next April
To avert the strike in ports USA the USMX submits an appeal against the ILA
Lyndhurst / North Bergen
Asked for an immediate injunction that would require the union to resume negotiations.
South Korea's Hanwha disclaims takeover of Austal
Seoul / Sydney
Australian company will enhance its Mobile shipyard in Mobile, Alabama
SBB CFF FFS Cargo orders to Stadler Rail 36 multisystem electric locomotives with option for an additional 93 medium
Mercitalia Logistics has entered Assologistics
Milan
Bussalino : Piedmont is aiming for the creation of a retro-port system on its own territory
Terminal Investment Limited (MSC group) will carry out a container terminal in the Danish port of Aarhus
ESPO and FEPORT are calling for a mandatory tax exemption across the EU for onshore power supply
Brussels
Indispensable-they stress-to encourage ships to use OPS
Shipping is not at all on the right track to achieve decarbonisation goals and the next 12 months will be crucial
London / Brussels
It highlights the third annual report "Progress Towards Shipping's 2030 Breakthrough". ECSA proposals to speed up production and adoption of clean fuels
In the first eight months of 2024 the port of Barcelona handled 2,660,122 containers (+ 22.1%)
Barcelona
Accentuated upside (+ 41.3%) of the transshipment containers
In the second quarter of this year, freight traffic in French ports increased by 0.7%
Paris
Flexion of liquid bulk bulk. Growth of containers and dry bulk. Stable the rotable
CLdN orders HD Hyundai Mipo ten new 1,100-teu container carriers
Luxembourg
The company entered the months courses in the full container sector by renting a ship
Another 2.5 billion euros of European funds for projects under the TEN-T network
Brussels
Launched the call for proposals for project financing
The Council of the Swiss States adopts two motions to speed up the transfer of traffic from the road to rail
Bern
In August, freight traffic in the port of Genoa fell by -7.5% percent while Savona-I went up by 35.5% percent.
Genoa
Also Summariva chooses the private with the appointment as chairman of the Spinelli Group
Genoa
Will take office the next first October
CMA CGM acquires 49% of the capital of Brazil's Santos Brasil
CMA CGM acquires 49% of the capital of Brazil's Santos Brasil
Marseille / São Paulo
Next year the French group will launch an OPA with the aim of buying the remaining stake
ERFA, rail freight aid not being used to support declining business models
Brussels
Stahl : We have to ensure that any figure is granted thoughtfully
The Dutch Spliethoff has acquired the majority of the capital of the compatriot ForestWave
The Dutch Spliethoff has acquired the majority of the capital of the compatriot ForestWave
Amsterdam
The concentration creates a fleet of 147 multipurpose vessels
Rolls-Royce will sell the segment of propulsion and shipping systems to the Fairbanks Morse Defense
Derby
From the sale, gas turbines and generators will be excluded.
Intermare and Kestrel Italia extend the KestrelMare partnership to Germany's Harren Group
Brema / Genoa
Martin Harren : Italy is a market with a very bright future for the segments of the cargo project and heavy lift
U.S. FedEx's quarterly results decline
Memphis
Net profit down -26.3%
Port workers from the East Coast and Gulf Coast have been ready to strike in October.
North Bergen / Lyndhurst
A few days to reach an agreement in extremis with the United States Maritime Alliance, which is willing to resume talks with the ILA but not to accept all the union's demands
In the port of Genoa, a single office of the Customs Agency will be established, which will be the largest in Italy.
Genoa
Alesse : It is essential to integrate customs and monopolistic functions into a single operational pole
The new European Commissioner for Sustainable Transport and Tourism will be the Greek Apostolos Tzitzikostas
The new European Commissioner for Sustainable Transport and Tourism will be the Greek Apostolos Tzitzikostas
Brussels
He is First Vice-President of the European Committee of the Regions
Inaugurated the container terminal of duisport, Hupac, PSA and HTS in the port of Duisburg
Duisburg
Will have a traffic capacity equal to 850mila teu per year
Officialized delivery of 80% of the capital of Meyer Werft to the public
Papenburg
Lies : The social partners have agreed on a plan that will also involve considerable cuts. Eikens : essential state guarantees
Emanuele Grimaldi doubles his own stake in Höegh Autoliners
Oslo
The Italian shipowner now owns 10% percent of the Norwegian company
International Transport Workers ' Federation expresses full support for American port workers
London
Crumlin : "the fight of the ILA is our struggle"
Laghezza will expand the activities in the retroport of La Spezia and will also take office in the retroport of Genoa
The Spezia
A new logistics hub will be made in the area of Tortona
Tomorrow, the Federation of the Sea celebrates its 30-year anniversary with a conference in Naples
Rome
Theme of the meeting : "The Mediterranean in history : from Mare to Middle Ocean"
Accelleron strengthens the partnership with HD Hyundai to which the production of radial turbochargers in Korea is entrusted
Baden
Expected reductions in delivery times and transport costs for Asian market customers
Stable passenger traffic carried this summer by GNV ships
Genoa
6% increments of volume with Sardinia and 7% with Morocco
Appeal of the Propeller Club of Trieste not to overlook the offices of customs in service of the Julian port
Trieste
Zerbini : The stir deserves what has been done for the port of Genoa
Spliethoff orders Wuhu Shipyard the construction of eight multipurpose ships
Amsterdam
They will be taken in delivery starting from the first quarter of 2028
At the port of Augusta a plant has been activated to remove CO2 from the atmosphere and stockpile it in the marine ecosystem
August
The cruise ship was launched in Monfalcone. Star Princess
Trieste / Fort Laurderdale
Fincantieri will deliver the unit to Princess Cruises in the fall of 2025
ECG calls for a transition period for the application of German guidelines on the rizzing of vehicles on bisarche
Brussels
Less than half of the trucks received certification
Sea-Intelligence analyzes the impact of EU ETS on shipowner alliances
Copenhagen
More costs for Ocean Alliance. Gemini Cooperation and Premier Alliance on the same floor. MSC would be more advantaged
Attic buys the fast ferry Thunder of Fast Ferries for 17.75 million euros
Athens
Built in 1998, it has a capacity of 1,068 passengers and 215 cars
The luxury cruise ship Seabourn Odyssey go from Seabourn to the Mitsui Ocean Cruises
Tokyo
It is the second ship of the company of the Japanese group MOL
PowerCell Group has acquired in Italy an order for marine fuel cell systems
Gothenburg
Will be delivered 56 units that will be installed largely on cruise ships
Rixi : confirmed target of funds from ETS to increase in resources for the Sea Modal Shift Incentive
Rome
"We are seeking to recover the funds allocated for the unused 2022 percent," he said.
In strong growth the operational and economic performance of Global Ports Holding
Istanbul
In the January-August period, passenger traffic in cruise terminals increased by 29% percent
Proposals from the TEHA Group think tank to stimulate the competitiveness of the Italian maritime industry
Palermo
The second edition of the Sea Resource Forum is underway in Palermo.
Montaresi appointed commissioner of the Port Authority of the East Ligure Sea
Rome
Rixi : With Montaresi we guarantee continuity, waiting for the appointment of the new AdSP Summit
Greek CCEC sells five container ships from 5,023 teu for 118.4 million
Athens
They were built in 2013
Di Caterina (ALIS) : No to strikes or blocks of intermodal transport services with Sicily
Rome
Satisfaction with the commitment of MIT to target ETS tax funds in support of maritime intermodality
Alsea and Spediporto, Italian export could further grow by improving accessibility to European markets
Milan
Additional hurdles and burdens to overcome the Alps barrier
Assiterminal appoints the components of the committees and working groups
Genoa
They will remain in office in the three years 2024-2026
In the imminence of the strike in the ports of the East Coast and the Gulf USA the FMC urges carriers and terminalists to abide by the standards
North Bergen / Lyndhurst
No step forward to avert the firm despite contracts between the ILA and the USMX
On Thursday in 11 Italian ports will be held the presentation of the book "Women on the Bridge of Command"
Milan
The volume of Wista Italy will also be presented at the Munich Yacht Show
On Friday in Naples a seminar on Health and Safety in the Port of Port : the applicable legislation "
Naples
Organized by Inail Campania and Assshipowners with the Ateneo "Parthenope"
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Need a comparison and not one-sided statements about services to trucks in liguri ports
Genoa
Filt Cgil Genova points out that the issue involves different categories of workers
The launch of the SDO-SuRS for the Italian Navy in Venice has been carried out in Venice.
St. George of Nogaro
Beginning the transfer to Genoa where in the yard T. Mariotti will proceed with the onboarding of the superstructures
Liquidated a Russian subsidiary of the Maersk Group
Moscow
The procedure for liquidation of another Russian company of the Danish group would have been cancelled
The Assiterminal summit met with Minister Musumeci
Rome
Cognito : reiterates the importance that the government continues to keep seafood at the centre of its policies
Gasparato (UIR) : to team up with the institutions on the rules of reform of interports
Rome
The text of the law under consideration represents an important point of departure.
Granted the concession for the marina for large yachts at the Brin pier in Olbia
Cagliari
Seventeen the boat seats available
In Mantova the Kuehne + Nagel group inaugurated the Adidas Campus distribution center
In Mantova the Kuehne + Nagel group inaugurated the Adidas Campus distribution center
Mantova
The investment of 350 million euros is the largest ever made by the Swiss company.
AdSP of the East Ligurian Sea wins the "Smart Port" award at the RemTech Expo in Ferrara
The Spezia
Recognition of the innovation policy and environmental sustainability of the institution
The seventh edition of "A Sea of Switzerland" will be held in Lugano on October 11 in Lugano.
Lugano
International forum on the logistics axis between the liguri ports and the markets of central Europe
In August the containers in the port of Valencia increased while in Algeciras they were down
Valencia / Algeciras
Eventful 464mila teu (+ 19.1%) and 403mila teu (-5.2%) respectively
Fifteen million euros at the port of Pozzallo for the cold ironing
Pozzallo
Ok of the Ministry of Finance
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
Tomorrow, the Federation of the Sea celebrates its 30-year anniversary with a conference in Naples
Rome
Theme of the meeting : "The Mediterranean in history : from Mare to Middle Ocean"
On Friday in Naples a seminar on Health and Safety in the Port of Port : the applicable legislation "
Naples
Organized by Inail Campania and Assshipowners with the Ateneo "Parthenope"
››› Meetings File
PRESS REVIEW
Is Pakistan's bid to kickstart Chinese-run Gwadar port putting 'cart before the horse'?
(South China Morning Post)
CVC urges Deutsche Bahn to reconsider Schenker sale to DSV, letter shows
(Reuters)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Last month, container traffic in the port of Los Angeles increased by 16.0% percent.
Los Angeles / New York / Savannah
Grimaldi completes the acquisition of 67% of the capital of the Port Authority of Heraklion
Heraklion
Invested 80 million euros
ART required the AdSPs a minimum list of information on managed maritime demanio
Rome
Zacchaeus : essential to exercise regulatory functions on port concessions
Agreement to allow the expansion of the MCT concession in the port of Gioia Tauro
Joy Tauro
Agreement between the terminalist company, the AdSP and the Corap, entities that have a litigation in progress
Published the ban on the assignment of the lots of the shipbuilding district of the Cagliari Porto Canal
Cagliari
Joining 17 expressions of interest
Poland's Kotniz has acquired a majority stake in Italian Metalstyle
Genoa
Consolidation in the field of products and components for the nautical
Federation of the Sea and Assocostieri signed a memorandum of understanding
Rome
They will collaborate on the organization of events, conferences and presentations of their respective associations
Summary : No impact of my resignation on the proceedings and projects underway in the ports of Spezia and Carrara
The Spezia
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
phone: +39.010.2462122, fax: +39.010.2516768, e-mail
VAT number: 03532950106
Press Reg.: nr 33/96 Genoa Court
Editor in chief: Bruno Bellio
No part may be reproduced without the express permission of the publisher
Search on inforMARE Presentation
Feed RSS Advertising spaces

inforMARE in Pdf
Mobile