The Council of State confirmation the regularity of the nomination of Marian to president of the Harbour Authority of the East



The Council of State has confirmed the inammissibilità of the resource proposed by Manlio Guadagnuolo against the nomination of Francesco Mariani to president of the Harbour Authority of the East, nomination on whose regularity already had expressed positively the Regional administrative court of Puglia ( on 20 October 2011).

In the judgment short, deposited yesterday, the Council of State has defined "unattackable" the pronunciamento of the REGIONAL ADMINISTRATIVE COURT from Bari. Commenting the verdict of the judges of Palace Sword, Marian it has expressed the auspice "that such authoritative decision places end to the hoary one and sterile confrontation of which the same Guadagnuolo protagonist has become".

Guadagnuolo, former managing director of Bari Porto Mediterraneo Srl (BPM), society in whose it confronts the Harbour Authority had arranged the cancellation of the concession for the management of the marine stations of the port of Bari, it had introduced resorted for the cancellation of I decree on June 7, 2011 of the minister of Infrastructures and the Transports with which Marian president of the Harbour Authority for four-year term 2011-2015 was named.

The Harbour Authority of the East has evidenced as such litigations have turned out "much onerous" for Bari Porto Mediterraneo: "it is thought - it has explained the harbour agency - than in four-year term 2007-2011 the costs for expenses lawyers supported from the society, of which Guadagnuolo he has been administrator, they graze the 900,000 euros and sayings burdens represent one of the root causes of the dissesto in which it pours the same society, than are found in liquidation give beyond a year and that currently it is practically in state of insolvency". "Among other things - it has accused the Harbour Authority - the patrimonial financial situation and of Bari Porto Mediterraneo is aggravated by the demand for compensation of the damages been left over regarding the society from the same Guadagnuolo, to which era which revoked the managing director assignment. The sum expected from Guadagnuolo to such title exceeds two the million euro, comprising also the figure of 60.000 lacked euros for uses of the business car".

"Under the management of ingegner the Guadagnuolo - the denunciation of the harbour authority continues - same the BPM Srl has become in charge of most serious nonperformances in confronts of the Harbour Authority, between which it is opportune to mention: the lacked payment the canon of concession which had based on titles valid and still effective executives; the lacked payment the amount due for a reason or purpose of reimbursement of the social participation for effect of the exclusion of the Harbour Authority from the social compages, beyond abuses in damage of the marine Federal property and to the relative one lacked payment the amounts due for a reason or purpose indemnifications". "The same Regional Procura of the State Audit Court, in the invitation to deduce on October 19, 2011, turned to the considered subjects responsible to have caused to the Harbour Authority a huge damage (comprised the same society BPM Srl, as concessionary there of a public service) - Port Authority has remembered - has considered to quantify the revenue damage, in terms of entered minors, in reason of total 11.221.962, 43 euros".

"The most serious revenue responsibilities of ingegner the Guadagnuolo cannot be sottacere - it has concluded the Harbour Authority -, in quality of managing director of said society. In violation of the norms by right social, in fact, ingegner the Guadagnuolo omitted to proceed to the implementations in order to so liquidate the quota competence of the public body, exposing itself is to the action for damages of the other associates is to the responsibility for revenue damage. After all, the behavior of ingegner the Guadagnuolo has aggravated the dissesto of Bari Porto Mediterraneo, precluding - hence the revenue damage - to the Harbour Authority of Bari to obtain not only the payment of the concessori canons - finanche in the measure not contested - but also, and those that is more serious, than to obtain the reimbursement of the capital (public) invested in the society. The situation of most serious conflict of interest is overly obvious in which it pours the same Guadagnuolo which aspired to become president of the same agency in whose it confronts has instituted, in dresses above-mentioned, controversies of important value, some of which still hanging".