The Council of State gives reason to the Harbour Authority of the East on the rideterminazione of the concession canon to BPM



There is a new development of the long legal controversy that opposes the Harbour Authority of the East with Bari Porto Mediterraneo (BPM). The from Bari harbour agency has announced that the Council of State has cancelled the decisions of the REGIONAL ADMINISTRATIVE COURT Apulia that had asserted the invalidity of the provisions of rideterminazione of the concession canon to apply to BPM.

The harbour Authority has remembered that, after the cancellation of the concession illegittimamente which released to Bari Porto Mediterraneo for the management of the passenger terminals of the port of Bari, the fixed quota the canon had rideterminato, "concerning the age of the release of the concession - it has specified - was calculated on the base of an enormously inferior fictitious surface to that real one that turns out advanced very 773.68%".

The Harbour Authority has explained that the judges of the Council of State have declared the defect of jurisdiction of the administrative judge, assigning to BPM the fixed term of three months from the passage in sentences of the sentence in order to supply to the riassunzione of the judgment before the ordinary judge, and has emphasized that, in the substance, they remain while still alive and they go considered valid and effective all the provisions of rideterminazione of the canon opportunely adopted from the harbour agency, with the consequence that Bari Porto Mediterraneo remains debtor of the rideterminate sums as from the Harbour Authority.

Port Authority has evidenced as the sentence precise that "must therefore be recognized that the Harbour Authority, after to have proceeded to cancellation of the concession for illegitimate chosen of the concessionaire, has found in the concessorio relationship elapsed an ulterior reason of bastardy, inheres to the determination of the canon: how much over not with autoritativa rideterminazione (sure inadmissible) of the reference parameters, but for ravvisata violation of the normative parameters, punctually indicated, existing to the date of release of the cancelled concessorio action."

The Harbour Authority has emphasized moreover that "the total emerges also infondatezza of the affirmations, supported also in center parliamentarian, about the lack of correctness and truthfulness of the budgets of the Harbour Authority, moreover always approved of from the ministries supervising with the favorable opinion of the College of the Revisers. Such affirmations improvvide and lacking in foundation - it has continued the agency - had given rise, opportunely, to instrumental political campaigns and of it prints times to become muddied the acts of the administration of the Harbour Authority and in particular of its president Francesco Mariani, accused of recklessness and "mala gestio" being reached to then ask before the commissariamento for the agency and the cancellation for its nomination".