NCTM, the sentence on the harbour concession of Bettolo Descent appear destined to constitute a principle of acting of Public Administration


The opinion of inforMARE It is paradoxical that the model of which aimed at Harbour Authority from the current president of the port of Genoa, Luigi Merlo, is statuito by the judges rather than from the legislator. Merlon would want an authority that besides regulating the activity of the port it can some promote the development, on the falsariga than they make the nordeuropee harbour authorities, more similar to limited company that to ingessati public bodies. According to Merlon, law 84/94 of I reorder of the legislation in harbour matter would have to be reformed in this direction, giving to the Harbour Authorities - beyond to ulterior abilities and resources - also the possibility to favor the increase of the traffics. Now Merlon can sleep peacefully. It seems in fact that it is not necessary to resort to customary and torturous andirivieni for the classrooms the parliamentarians. The judges of the Regional administrative court have established that the norm of 1994 assigns to the harbour agencies these functions, indeed obligates them to exercise them. We do not know to say if the sentence of the REGIONAL ADMINISTRATIVE COURT Liguria is a good, as supports NCTM Associated Law firm, or an evil for the port of Genoa and, more in general terms, for the Italian portualità. Us it seems rather than the decision of the travalichi judges the limits of the current norm giving to the Harbour Authorities competences that evidently did not believe of possession. Article 18 of the 84/94, that the concession of areas and docks orders, and specifically recalled codicil 6,1 from the REGIONAL ADMINISTRATIVE COURT Liguria, speaks yes about "increment of the traffics" and about "productivity of the port", but it mentions them which characterizing elements and precise objectives of the business plan introduced from the enterprises that aim at to obtain the concessorio title. Us as does not seem at all - instead the judges consider - that they are "principles that address the activity of remitted regulation to the Harbour Authority". Who knows if Merlon is more disconsolate for the adverse sentence to pleased the Harbour Authority or to see conferred to the agency that presides prerogatives of which era in it judders attended. Bruno Bellio
The opinion of

It is paradoxical that the model of which aimed at Harbour Authority from the current president of the port of Genoa, Luigi Merlo, is statuito by the judges rather than from the legislator. Merlon would want an authority that besides regulating the activity of the port it can some promote the development, on the falsariga than they make the nordeuropee harbour authorities, more similar to limited company that to ingessati public bodies.

According to Merlon, law 84/94 of I reorder of the legislation in harbour matter would have to be reformed in this direction, giving to the Harbour Authorities - beyond to ulterior abilities and resources - also the possibility to favor the increase of the traffics.

Now Merlon can sleep peacefully. It seems in fact that it is not necessary to resort to customary and torturous andirivieni for the classrooms the parliamentarians. The judges of the Regional administrative court have established that the norm of 1994 assigns to the harbour agencies these functions, indeed obligates them to exercise them.

We do not know to say if the sentence of the REGIONAL ADMINISTRATIVE COURT Liguria is a good, as supports NCTM Associated Law firm, or an evil for the port of Genoa and, more in general terms, for the Italian portualità. Us it seems rather than the decision of the travalichi judges the limits of the current norm giving to the Harbour Authorities competences that evidently did not believe of possession.

Article 18 of the 84/94, that the concession of areas and docks orders, and specifically recalled codicil 6,1 from the REGIONAL ADMINISTRATIVE COURT Liguria, speaks yes about "increment of the traffics" and about "productivity of the port", but it mentions them which characterizing elements and precise objectives of the business plan introduced from the enterprises that aim at to obtain the concessorio title. Us as does not seem at all - instead the judges consider - that they are "principles that address the activity of remitted regulation to the Harbour Authority".

Who knows if Merlon is more disconsolate for the adverse sentence to pleased the Harbour Authority or to see conferred to the agency that presides prerogatives of which era in it judders attended.

Bruno Bellio
NCTM Associated Law firm, that it has assisted the Bettolo Consortium in the resource against the Harbour Authority of Genoa face to under construction appeal the turndown to the release to the Consortium of the concession of the new terminal containers to Bettolo Descent, celebrates the sentence that receives it emitted from the Regional administrative court for the Liguria ( on 25 May 2012).

NCTM, that it has assisted the Consortium with a team of professionals guided from lawyer Alberto Rossi, partner of the law firm, remembers that some year it makes, also as a result of the events tied to the relative investigations of the genoese procura to the release of the concessions of the contiguous Multipurpose terminal, determined the Harbour Authority of Genoa to then block the procedure of release (begun from president Giovanni Novi) of the concession to the new terminal "insisting - the law firm emphasizes - on formal considerations that today "the groundless" REGIONAL ADMINISTRATIVE COURT characterizes as "wearying" and own because they have hindered the development of the traffics objective to whichagency regolator must entrust the maximum protection".

"This sentence of the REGIONAL ADMINISTRATIVE COURT - lawyer Alberto Rossi comments - report on the first floor a long controversy that during the last few years it has seen to oppose important economic groups for the control of one of the more strategic aerial of the port of Genoa. Moreover, the sentence evidences as the Harbour Authority of Genoa has interpreted too much rigidly (and this point erroneously) the harbour law to protection of the competition, to discapito of the efficiency of the port. Draft of a carried out important that it could create to a solution in a position to attracting investments and increasing the genoese harbour traffic, until to hour abdicated in favor of near ports that have been able to create the conditions for the development of the harbour activities".

According to the Milanese law firm, moreover, "the sentence not only appears destined to regulating the future initiatives of the Harbour Authority, that it will be held to release the concessorio title if Bettolo, but to constitute a principle of acting of too much often disposed Public Administration protect formal elements (sometimes erroneously recalled as in the case genoese) rather than the real interests of development of the marine traffics". "Interesting - the law firm observes - it will be time to see as the Harbour Authority of Genoa will intend to proceed also and above all because other entrepreneurs had made themselves ahead in the wait of a new contest that at the moment is excluded by the administrative judges".