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30 July 2025 - Year XXIX
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Original news
The Council of State sentence the ministry of Infrastructures and the Transports to pour 70 million euros to the Harbour Authority of Genoa
Received the appeal for the reform of the sentence of the REGIONAL ADMINISTRATIVE COURT Liguria that received the thesis of the ministry
May 30, 2012

The Section Sixth of the Council of State, with sentence deposited yesterday that we publish below, has received the appeal introduced from the Harbour Authority of Genoa against the ministry of Infrastructures and the Transports and other ministries, the Liguria Region, the Province of Genoa, the Municipality of Genoa and regarding Society for Cornigliano Spa, Ilva Spa, Airport of Genoa Spa and other trade-union agencies and associations for the reform of the sentence of the Regional administrative court for the Liguria on May 13, 2010 with which era rejected the resource introduced from the genoese Harbour Authority for the assessment of the nonperformance of the amending action of the agreement of program on the steel mills of Cornigliano (for the dismissione of the area in the heat of the moment of the Ilva steel mills) and for the sentence of the ministry of Infrastructures and the Transports to the assumed implementation of the obligations and to the payment in favor of the Harbour Authority of 70 million euros.

Article 10 of the amending action of the program agreement on November 19, 1999, that 8 October 2005 has been undersigned, previews the delivery to the Harbour Authority of areas for about 140 thousand destined square metres, after a reclamation, to functions of harbour logistics and previews an indemnification of 70 million euros in confronts of the harbour agency.

The Council of State therefore has condemned the ministry to pour 70 million euros, sum that the genoese harbour agency had initially destined to the realization of logistic areas, a car park and for the elevated extension of the harbour one.




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 6034 of 2010, proposed they give:
Harbour authority of Genoa, in person of the president and lawyer representative, represented and defended from lawyers Franco Gaetano Scoca and Alessandra Busnelli, with address which elected near the law firm of first in Rome, via G. Paisiello, 55;

against

Ministry of infrastructures and the transports, Prime Minister's Office, Ministry of the economy and finances, Ministry of the job and the health, Ministry of the economic development, Ministry of the atmosphere and the protection of the territory and the sea, Ministry for the assets and the cultural activities, Agency of the Federal property of Genoa, Prefecture of Genoa, Anas s.p.a., Territorial Office of the Government of Genoa, in person of the respective representatives lawyers, represented and defended from the general Legal profession of the State, near whose offices domicile for law in Rome, via ofthe Portugueses, 12;
Liguria region, in person of the president of the Committee and lawyer representative pro tempore, represented and defended from lawyers Gabriele Pafundi and Michela Sommariva, with address which elected near the law firm of first in Rome, Giulio Cesare tree-lined avenue n. 14;
Province of Genoa, in person of the president and lawyer representative for-tempore, represented and defended from lawyers Gabriele Pafundi and Roberto Giovanetti, with address which elected near the law firm of first in Rome, Giulio Cesare tree-lined avenue n. 14;
Municipality of Genoa, in person of the mayor and lawyer representative pro tempore, represented and defended from lawyers Gabriele Pafundi and Aurelio Domenico Masuelli, with address which elected near the law firm of first in Rome, Giulio Cesare tree-lined avenue n. 14;

regarding

Society for Cornigliano s.p.a., in person of the legal representative, represented and defended from lawyers Gabriele Pafundi and Luigi Cocchi, with address which elected near the law firm of first in Rome, Giulio Cesare tree-lined avenue n.14;
Ilva s.p.a., in person of the legal representative pro tempore, represented and defended from lawyer Francesco Perli, with address which elected near the Berenghi study and associates in Rome, via IV November n. 149;
Airport of Genoa s.p.a., national Agency for the attraction of the investments and the development of enterprise s.p.a., Confindustria - Genoa, Cgil Regional, Cgil Provincial, Cisl Provincial, Uil Regional, Uil Provincial, Fiom-Cgil Regional, Fiom-Cgil Provincial, Fim-Cisl Regional, Fim-Cisl Provincial, Uilm-Uil Regional, Uilm-Uil Provincial, Provincial Failms-Cisal, not constituted in this degree of judgment;

for the reform

of the sentence of the T.A.R. LIGURIA: SECTION II n. 3551/2010, been profitable between the parts, concerning NONPERFORMANCE AMENDING ACTION PROGRAM AGREEMENT ON the CORNIGLIANO STEEL MILLS AND COMPENSATION DAMAGES

Seen the resource in appeal and relative the attached ones;

Seen the certificates of incorporation in judgment of the Ministry infrastructures and the transports, the Prime Minister's Office, of the Ministry of the economy and finances, the Ministry of the Job and the Health ministry, the Ministry of the economic development, the Ministry of the atmosphere and the protection of the territory and the sea, the Ministry for the cultural assets and activities and of the Agency of the Federal property of Genoa, the Prefecture of Genoa, the Liguria Region, the Province of Genoa, the Municipality of Genoa, of the Society for Cornigliano s.p.a., of the Anas s.p.a., the Ilva s.p.a and the Territorial Office of the Government of Genoa;

Seen the defensive memories;

Visas all the actions of the cause;

Reporter in the public audience of the day 23 March 2012 the councilman of Giulio Castriota Scanderbeg State and hearings for the parts Scoca lawyers, Pafundi, Perli and the lawyer of the State Pisan;

Considered and considered in fact and right how much follows.


FACT and RIGHT

1. - May 2010 is appealled the sentence 27 n. 3551 of the Regional administrative court for the Liguria that has rejected to the resource of the harbour Authority of Genoa (today's appellant) for the assessment of the right to obtain from the Ministry of infrastructures (to the age of the facts subject distinguished from the Ministry of Transportation and the Ministry of the economic development) the corresponsione of a financing of 70 million euros, in implementation of art. the 10 of the agreement of 8 program of October 2005, taken part to modification of the precedence agreement on November 29, 1999 let alone, subordinately, for the declaratory judgement of the resolution for nonperformance of the aforesaid agreement with the refreshment, in any case, of the consequenziali damages.

2. - The appellant Authority iterates in this center the reasons of resource already disregarded by the judges first degree, evidencing the erroneità of the burdened sentence, than she would not have sufficiently estimated the imperatività of relative the conventional clause to the deducing distribution of the state financing in favour of the today's one, its special character regarding the new, and however inapplicable, normative dispositions which supervened (art. 1 982 codicils and ff. of the law 27 Decembers 2006 n. 296), in the part in which they preview the abolition of the revenue transfers in favour of the harbour authorities, against more emphasized autonomy financial institution than these last ones, and of the transfer in head to same of the relative jettison at sea to the anchor duty and that afferent cargo and drainage of the goods.

The appellant insists therefore for the acceptation of the conclusions already resigned in first degree, with the sentence of the Ministry of infrastructures to the distribution of ridetto the financing, beyond interests and monetary revaluation; subordinately, the appellant authority asks the assessment for the resolution of the agreement, for nonperformance of it Ministry, with every consequenziale statuizione also in order to the damages endured for effect of the deducted nonperformance and with the favor of the expenses and competences of the double degree of judgment.

The intimate central Authorities have been formed in judgment in order to resist to the resource and in order to ask of the reiezione. Also the Ilva society s.p.a has been formed in order to resist to the resource.

The Liguria Region, the Province of Genoa, the Municipality of Genoa and the s.p.a. Societies for Cornigliano have instead joined, in being formed in judgment, to the main question of implementation proposed from the appellant, opposing themselves on the other hand to the acceptation of the subordinate question of resolution of the agreement for nonperformance of the ministry of infrastructures.

To the audience on March 23, 2012 the cause is withheld for the decision.

3. - The College considers that the appeal is founded and goes consequently received, in the senses of which nearby.

3.1- The event must first of all be reconstructed shortly in fact that has given origin to the judgment under investigation. In synthesis, it puts account to remember that the parts of the today's controversy, already in date 29 November 1999, within a wider project than environmental reclamation and of reconversion of the iron and steel pole of Cornigliano (consequent to the abolition of the working lamination process in the heat of the moment) are reached (according to art. 4 of the law 9 Decembers 1998 n. 426, bringing “New participations in environmental field”) to stipulate of an agreement of program, finalized to accommodation of the areas already object of concession in favour of the ILVA; such agreement of program is modified with the additional action of 8 October 2005, set in action in anticipates judgment.

It has happened that successively to the agreement of the 1999 the areas pertaining to the harbour Federal property of Genoa (excluded the docks) are sdemanializzate, by virtue of previewed how much from art. 53 of the law 28 Decembers 2011 n. 448, and recovered to the patrimony available of the Liguria Region in sight of their allocation to a private society, participated from the local authorities and the Government (the Cornigliano society s.p.a.), for the continuation of the productive activities in compatible forms with the respect of the atmosphere and for the definition of the infrastructural order of the area.

With the agreement of program of 8 October 2005 among other things it is established that the society for Cornigliano s.p.a., affidataria of the reclamation works and environmental reorganization of the areas dismesse from ILVA, would have had to supply to the restitution to the harbour Authority of Genoa of a part of the areas cleared (for an extension of about 144.100 sqm) in case of necessity constituting a right of surface of the duration of sixty years. Moreover on such areas the foretold harbour Authority of Genoa would be authorized to realize, against confronts with the labor organizations, some relative infrastructural works to the logistic-harbour functions, in case of necessity reaching to a financing of 70 million euros that, in the same agreement of program (art. 10), the Ministry of infrastructures was engaged to distribute in favour of the same Authority.

4. - The controversy under investigation is rebelled own in relation to such last clause when the Ministry has considered not to more be able to fulfill to the obligation contracted with the cited agreement of program because of the which supervened norm, that it would have inhibited every form of revenue transfer in favour of the harbour authorities. The legal issue to dirimere concerns then to the verification of the persistent vigenza or less of the effectiveness than such clause of the agreement (art. 10) contained in the recalled action, on October 8, 2005 afferent the engagement of the Ministry of infrastructures (today Ministry of infrastructures and the transports) to the distribution of the foretold financing, had with regard to the effects to riconnettere to the supervened normative dispositions brought by art. the 1, codicils from 982 to 990, of the law 27 Decembers 2006 n. 296.

4.1. - The defensive theses of the parts to I confront appear extremely clear.

In the defensive prospettazione of the appellant Authority, the clause of the inherent agreement the distribution of the revenue financing of 70 million euros, as inserted in an agreement of program between administrations, would be from considering cogente and would have force of law between the parts having had to find application to the fattispecie the rules of the civil code in matter of obligations and contracts (by virtue of the partial callback, contained in art. the 15 of the law n. 241 on August 7, 1990, of art. the 11 of the same law and the quivi principles of the civil code in its turn recalled).

To scratch of the effectiveness the recalled introduced normative discipline with the financial institution for 2007 could not in particular operate, in the part in which the same one it has arranged the abolition of the revenue transfers, and this in reason: a) of the special character of the contained pattuizione in recalled art. 10 of the agreement of program and its placing on the base of a normative picture to special character also it (law n. 426 on December 9, 1998, art. 4 codicils 8, 9 and 10; law n.488 of 2001); b) of the consideration second which that clause would take part of a wider agreement in which the performances of the parts they would not be scorporabili, turning out fascinate from an only justification motive also based on the ritraibili principles from the civilistiche rules in matter of obligations and contract, as applicable; c) of the general principle of irretroattività of the legislation (at least until the limit of the respect of the principle of reasonableness), in itself incompatible with the possibility that it dictates normative new affects legal fattispecie under execution, pain the violation of legitimizes confidence and of the principles of conformed certainty of the right for as also as a result of the adhesion of our Country to the Convention CEDU, principles moreover flowed back in communitarian within based on art. the 6 of the Treaty on the operation of the European Union; d) of the otherwise constitutionally illegitimate nature of the norm which supervened, where interpreted in the sense that it can record, altering of the economic-functional balance, on legal positions having their source in conventions pregresse.

4.2- The central Administrations assume on the contrary that in no way the Ministry of infrastructures could have executed an implying performance a revenue transfer in favour of a harbour authority once which took effect the new normative regime that such eventuality has compulsorily excluded and that therefore correctly the judges first degree, excluded to a time the fondatezza of the action of implementation let alone the recurrence of a nonperformance hypothesis, have reached the reiettiva decision of the encumbrance. , In short in sight of the perseguimento of the autonomy principle financial institution of the harbour authorities, such new normative discipline would have substantially sterilized the mechanism generalized of the revenue transfers, against the constitution of a perequativo bottom and of the transfer in favour of the same authorities of the relative jettison at sea to two revenue taxes (anchor duty and tax on the cargo and disembarked).

4.3 Of various trial-like declination it turns out, at last, the position of the Liguria Region, of the other territorial Authorities let alone of the society for Cornigliano s.p.a., that they have joined to the main question of implementation of the appellant, having interest to the distribution of the functional financing to the realization on from Liguria territory of the suindicate infrastructural works, but they are opposite to the acceptation of the subordinate question of resolution of the agreement.

5. It observes the College that the action of implementation promoted from the harbour Authority of Genoa is deserving of acceptation. The clause of the program agreement mails made up of the set in action pretension turns out, in fact, in the part object of anticipates judgment, valid and totally binding for the parts.

5.1 To the agreements between Public Administration (sayings also agreements of horizontal type, in reason of the position of equiordinazione in which they pour the parts) apply, as compatible, the dispositions previewed from art. the 11, codicils 2 and 3, of the law n. 241 on August 7, 1990, and that is of a part of the normative discipline own of the agreements of vertical type that the Administration can conclude with private subjects in integrating that is substitutive function of a provision (in such sense sees art. the 15, codicil 2, of the law n. 241 of 1990). Between the dispositions express recalled re-enters (art. 11, codicil 2, according to alinea) therefore that which in its turn recalls the principles of the civil code in matter of obligations and contracts, as compatible. Also to the agreements between administrations they are applied therefore the civilistici principles on the obligations and contracts, are also with the clause of the compatibility of the relative legal regime.

5.2 Between the fundamental principles of the private autonomy there is that second which the contract has force of law between the parts and it cannot be melted if not for mutual consent or the causes admitted from the law (art. 1372 cod. civ.). Such principle express is not repealed in part by some rinvenibile contrary forecast in the discipline of the agreements between administrations, neither appears incompatible with the nature own of such by right public type of stores, considering that the giuridicità of the agreement, id est its vincolatività, implies that the consent freely and mutual manifested from the parts represents suitable constituent title of the mutual contracted obligations, regarding which each not defaulting part has right to expect the execution, the resolution of the original agreement saves the possibility of a new agreement between all the parts having to object.

5.3 If under investigation it is necessary therefore to move from the legal data of the vincolatività of the agreement of program of 8 October 2005 (amending of the agreement of program on November 29, 1999) taken part between all the parts, public and private, that they turn out signers of the document that agreement has sealed.

Draft of plurilaterale, regarding agreement the complex topic of the territorial reclamation and the reconversion of the iron and steel pole of Cornigliano in which, as correctly observed by the defense of the harbour Authority appellant, the obligations contracted from the parts, in sight of environmental and town-planning accommodation of the area, inscindibilmente they are connected on the plan motive, of guise that could not consider that failing of one of they it can remain without consequences on the balance of the entire agreement, except according to considering the performance lacked not essential and for the effects art. the 1466 cod.civ., being to that necessary point an integral rivisitazione of the obligations alternatively assumed.

But to such conclusions if under investigation not there is space in order to reach, already it indicate legal possibility that the entire agreement can find performance second the initial legal program of the parts, spelt in the original agreement of 1999 and in the amending agreement of 2005.

5.4 - It must first of all exclude that to the fattispecie under investigation, in which the Ministry of infrastructures it substantially refuses to fulfill the obligation to distribute the financing in favour of the harbour Authority of Genoa in reason of the impossibility to allocate the relative sums to budget, it can be applied the institute of the recess for which supervened interest reasons public (reconstruction which partially it approaches, with not condivisibili arguments, the judge first degree). It is not a case, on the other hand, than the discipline in matter of horizontal agreements you do not recall the disposition of art. the 11, fourth codicil, of the same general law on the procedure, attributive to the administration of a general power of unilateral recess (except the obligation of the indemnification) that, where not constituted with appropriate pattuizione, those private and those by right properly by right public elapsed between subjects in position of tendential equiordinazione turn out traditionally stranger to the regime of the joint relationships (which).

Not par doubt, on the other hand, than in the controversy under investigation (and in particular in the rebelled resolution of the interpretative issue around the capacity of art. the 10 of 8 the amending agreement of October 2005), in which legal relationships between distinguished subject publics come exclusively in relief, for as newborns from a program agreement, must find application the relative dispositions to the horizontal agreements, of which to art. the 15 of 7 the law August 1990 n. 241 and not those relative to the substitutive or integrating agreements of provision (so-called vertical agreements).

5.5- In such perspective the relief of the Authority turns out therefore condivisibile second appellant which the institute of the unilateral recess, express contemplated in the archetype of the agreements of vertical type (art. 11, codicil fourth, of law 241 of 1990), does not turn out instead applicable, is for reasons of literal interpretation (because of already found lacked callback, in the text of art. the 15, of the fourth codicil of art. the 11), is because, on the plan of the logical-systematic interpretation, the application of the recess to the agreements of horizontal type (which that subtended to the placing of the clause Inter partes) would be equivalent to shape, moreover ex ante, an inadmissible prevalence of the public interest of recedes regarding the interests publics of which the other subjects are titular that to the same agreement have participated. However, in such a way, the meaningful elision of the connoted one of the legal vincolatività of the agreement between administrations would empty great part of the same function and the practical usefullness of the institute.

For said how much, it is not based on the mechanism of the unilateral recess that could be scriminato the lacked implementation, by the Ministry of infrastructures, to the performance of corresponsione of the financing which agreed in favour of the harbour Authority of Genoa; one would be, rather, second the same prospettazione of the revenue defense, of a typical hypothesis of impossibility which supervened of the performance for factum principis (coinciding with the taken part legislative modification introduced from the law 27 Decembers 2006 n. 296) that it would have returned the original deducted obligation in the agreement ineseguibile.

And in fact, as a result of the first demand for the harbour, going back Authority to 2007, of implementation of the afferent conventional clause the distribution of the financing (rectius, the shipment of the rough draft of procedimentale agreement for the definition of the procedural aspects for the distribution of the financing), in sight of the realization of the infrastructural works for the harbour logistics previewed in the same agreement and inserted in the triennial program of 2007/2009 work – draft, in particular, of the elevated extension of the harbour one, the same modernization of the elevated one in the existing part, of the car park and the attrezzaggio of the Distripark -, the Ministry of infrastructures would have been found in the impossibility to give course to the demand, in reason of the effectiveness of the law 27 Decembers 2006 n. 296.

It observes however the College that not even the callback to such last legislative participation and the civilistici principles in matter of resolution of the contract for which supervened impossibility of the performance could not allow with the named Ministry to stave off to the implementation of the contracted obligation to means of recalled art. the 10 of the agreement.

In particular, to exclude that the institute of the resolution of the contract for impossibility of the performance (art. 1463 cod.civ.) it can find application, also only in analogic way, in this case under investigation, they are worth the following considerations.

The cited dispositions of the financial law for 2007 do not turn out ostative in reality, to seem of the College, to the implementation of the obligation of distribution of the financing contracted from the Ministry of infrastructures.

Not object of the financing previewed from the clause (art. 10) of the amending action of the agreement of program of 1999 and those is first of all oggettuale identity between the works specifically whose financing to means of revenue transfers turns out interdict from the new normative dispositions effectiveness first January 2007.

These last ones refer in particular to generically destined the revenue transfers to the realization of harbour infrastructures (art. 1, codicil 990, law cit.) that is to the ordinary and extraordinary maintenance of ports (art. 1, codicils 982 and 983) or still to the accomplishment of the services of vigilance and for the supply of security services previewed in the harbour plans of safety (art. 1, codicil 984); moreover, cited codicil 990 of art. the 1 puts again to appropriate interministerial decree the determination of the quotas pays revenue, various from the taxes and the harbor dues, to transfer to the harbour authorities to the aim to realize of the their full autonomy financial institution, previewing that only in outcome to such transfer of jettison at sea the destined transfers of the State to the realization of works and services previewed in the respective harbour town development plans and triennial operations plans can stop.

For converged, the participations which it refers the contested ministerial financing are works, to come true moreover on areas previamente sdemanializzate and cleared to work of the society of Cornigliano s.p.a., turned specifically to the attainment of the purposes of which to art. 53 of the law 28 Decembers 2001 n. 448, and that is to resolve problematic the connected ones to the reconversion of the iron and steel pole of Cornigliano.

Draft, in particular, as anticipated in fact, of the realization of a distripark, and that is of an area equipped with street and railway infrastructural connections in which structures dedicated to storage of the goods, the activity of commercialization of the same ones and to the management of the relative activities are realized, let alone of the realization of a car park and the elevated adaptation of the harbour one; not par doubt that already such distinguished oggettuale afferenza of the works to come true in harbour within is symptomatic of a relationship of specialty between the two normative disciplines, in reason of which is from excluding that the legislative participation to introduced general character with the financial law for the 2007, regarding changed order of the revenue transfers in favour of the harbour Authorities, has been able to deprive of legal effectiveness, with retroactive effect, the pregressi come to an agreement between administrations (between which exactly that object of judgment) having normative sources and material withins eteronomi.

As well as on the contenutistico plan, the principle of specialty between the distinguished normative bodies disvela moreover also on the formal plan, attended that the agreement of program of 1999 and its amending action of the 2005 constitute – as saying – expressed performance of the contained dispositions in the special laws n. 426 of 1998 and n. 448 of 2001, adopted in sight one of the resolution of the specific regarding issue the reconversion and the reorganization of the occupied areas from the steel mills of Cornigliano. The harbour Authority of Genoa, based on such legislative participations, had to be one of the subject actuators of the ambitious program of reconversion of those areas in sight of their next productive development and the safeguard of the occupational levels.

6. - To light of the reliefs that precede, after all, the College considers that ostative reasons ravvisano in order not to deny flood effectiveness and operativity to the Inter agreement partes. Al purpose, is worth also observing that to various conclusions they do not lead the contents of the relation discharged from the Ministry of infrastructures and you transport as a result of the decree preliminary investigation of this 24 Section November 2011 n. 6203. In it, in fact, besides the excursus of the normative discipline of field and to the asseritamente ostativo character of the recalled dispositions introduced from the financial law for 2007 (in order to which, he sends back himself to observed how much dianzi), nothing joins that he can make various to estimate on the legal plan the elements already acquired instructors to the judgment. Indeed, the punctual precisazioni, dictated from a spirit of corrected institutional collaboration, in order to the lacked completion the autonomy process financial institution of the harbour authorities (in spite of the adoption of interministerial decree 12 October 2007 n. 151/T, implementing of the cited one art.1, codicil 990) in reason of the lacked activation, today, of the endowment fund of the harbour authorities, the shown legal reconstruction of the problematic one from the appellant Authority and made own from the College here is ulterior argument (eccedentario) though in support of; from such relation it remains ulteriorly in fact confirmed the data second which a specific engagement of financing gushing from appropriate agreement, binding on the legal plan, stipulated on the base of legislative forecasts to special character, could not evidently fail because of a next general discipline that has redesigned, for-future, the mechanism of the revenue transfers in favour of the harbour authorities and that, as recognized in the cited ministerial relation, it turns out partially inattuato still today. It does not appear inopportune, to the purpose, to remember that the financing of 70 million euros in favour of the harbour Authority of Genoa was congegnato by the parts (cfr. clearly the reference to such purpose contained in according to codicil of recalled art. 10) also in compensating function in correlation to the oggettuale reorganization of the concession and failing, as a result of the disposed sdemanializzazione according to art. 53 of the law 28 Decembers 2001 n. 448, of the availability of immense harbour areas already in head to the today's appellant authority.

7. - For said how much, the appeal goes received and, in reform of the appealled sentence, it must be tidy to the Ministry of infrastructures and of the transports to correspond to the harbour Authority of Genoa the agreed financing of 70 million euros, with increase of the interests lawyers from the date of the judicial question and until I satisfy. No sum is instead due, attended the monetary nature (and not of value) of the set in action creditoria pretension, for a reason or purpose of monetary revaluation, in defect of test in order to the greater damage of which to art. 1224 of the cod. civ.

The found fondatezza of the implementation question, that it constitutes form of full and preferential repair of the set in action legal position from the today's appellant, implies the overcoming of the subordinate question of resolution of the agreement and the examination of the correlated raised issues, also about to exception, from the intimate parts. Moreover, considered that the corresponsione of the integral financing a form of reinstatement in specific form of the legal position of the appellant authority, it is from excluding itself that to the same one it can be recognized, as well as asked, the right to the compensation of ulterior damages, in deficiency of test in order to such profiles of damage that adequately do not turn out compensated to means of the distribution of the financing.

8.Le expenses of argument of the double degree of judgment follow the rule of the soccombenza and are liquidated in favour of the appellant authority and at the expense of the Ministry, while they can be compensated in comparison of the remaining parts, in consideration of the distinguished trial-like position and the which asserted pretensions.

P.Q.M.

The Council of State in jurisdictional center (Section Sixth), definitively pronouncing on appeal (RG 6034/2010) as in proposed epigraph, receives the appeal and, for the effect, it receives the resource first degree and, in reform of the appealled sentence, sentence the Ministry to the payment in favour of the harbour Authority of Genoa of the sums of which to art. the 10 of the agreement in 8 date October 2005, with increase of the interests lawyers

Sentence the Ministry named to the payment of the expenses and competences of the double degree of judgment in favour of liquid the appellant Authority and said expenses in total euros 12,000, 00 (dodicimila/00), beyond vat and cpa as for law. It declares compensated the expenses of argument of the double degree regarding the others you leave.

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

So decided in Rome in the Council Chamber of the day 23 March 2012 with the participation of the magistrates:
Carmine Volpe, President
Roberto Giovagnoli, Councilman
Gabriella De Michele, Councilman
Giulio Castriota Scanderbeg, Councilman, Drafter
Roberta Vigotti, Councilman




THE DRAFTER


THE PRESIDENT

DEPOSITED IN SECRETARIAT
The 29/05/2012
THE SECRETARY
(Art. 89, Co. 3, cod. proc. amm.)
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Rotterdam
The port authority is alarmed by the state of crisis in the national industry.
The electrification of the docks in the ports of Livorno, Piombino and Portoferraio is proceeding according to plan.
Third dock for cruise traffic in the port of Catania
Catania
Pier 25's restyling completed
Another quarter of decline in freight traffic at the port of Algeciras
Algeciras
In the period April-June, containers amounted to 1.24 million TEUs (+1.0%)
A new tax applied to cruise passengers disembarking in national ports came into force today in Greece.
Athens
Belgian rail freight company Lineas receives €61 million government loan
Brussels
The measure was approved last night by the restricted council of ministers
ERTMS installation completed on 1,400 kilometers of Italian railway network
Rome
The project is financed with 2.5 billion euros from PNRR funds.
Wärtsilä's quarterly financial and commercial results are positive.
Helsinki
The Marine Electrical Systems division will be sold to the Italian company VINCI Energies.
In the port of Barcelona the number of cruise terminals will be reduced from seven to five
In the port of Barcelona the number of cruise terminals will be reduced from seven to five
Barcelona
The mayor: For the first time in history, a limit is placed on the growth of cruises in the city.
MSC and Moby have presented their commitments to meet the AGCM's requirements.
Rome
Shipping Agencies Services will sell its 49% stake in Moby, waiving the consideration in favor of the majority shareholder. Moby commits to completely repaying its debt to SAS.
Fincantieri confirms its interest in the development of American shipbuilding
Fincantieri confirms its interest in the development of American shipbuilding
Washington
Folgiero: Commitment to deliver next-generation capabilities in full alignment with U.S. strategic priorities
The Chamber of Deputies has approved the appointment of four presidents of Italian Port System Authorities.
Rome
The names proposed for the Port System Authorities of the Southern Adriatic, Central-Northern Tyrrhenian, Western Liguria, and Eastern Liguria have been approved. Voting on the Northern Tyrrhenian Authority has been postponed.
Information exchange between state administrations for the digitalization of the maritime sector begins
Rome
The first operational meeting at the Coast Guard General Command in Rome
The Clean Maritime Fuels Platform suggests measures to support the production and distribution of clean marine fuels
COSCO Shipping Ports sets new monthly and quarterly container traffic records
Hong Kong
In the period April-June, 29.4 million TEUs were handled (+4.5%)
Sharp increase in cases of seafarers abandoning their ships
London
2,286 crew members from 222 ships involved as of early 2025
Global freight traffic saw strong growth in the first quarter of this year in anticipation of new tariffs
Global freight traffic saw strong growth in the first quarter of this year in anticipation of new tariffs
Geneva
North America saw the strongest quarterly growth in imports
In the port of Antwerp-Bruges containers and rolling stock are increasing and other types of goods are decreasing
Antwerp
Traffic congestion continues at the airport, with the situation on the landside becoming critical
A study denounces the delay of European ports in equipping themselves with cold ironing facilities.
Brussels/Pozzallo
The tender to electrify the docks of the port of Pozzallo has begun.
T&E proposes to include more non-EU transhipment ports to avoid carbon leakage
Brussels
The association calls on the EU Commission to reduce the current threshold of 65% of transhipment traffic
Federlogistica urges the immediate establishment of a control room on tariffs
Genoa
The aim is also to eliminate extra costs caused by bureaucracy.
Containerized cargo handled through the port of Singapore fell by 2.9% in the second quarter.
Singapore
Last May, ship transits through the Suez Canal decreased by -6.8%
Last May, ship transits through the Suez Canal decreased by -6.8%
Cairo
The negative trend continued in June and early July
Terminal operators are not at all satisfied with a policy that seems to have no interest in ports
Rome
Cognolato: It is essential to close the ongoing trials on several fronts.
The largest ship ever to dock at Cagliari's Porto Canale at the MITO terminal.
Milan
The container ship "MSC Venice" with a capacity of 16,652 TEU arrived yesterday
On 5 and 6 November in Lisbon a summit called by the ILA against automation in the maritime and port sector
On 5 and 6 November in Lisbon a summit called by the ILA against automation in the maritime and port sector
North Bergen/Metzingen
South Korean HD Hyundai, together with German NEURA Robotics, will develop and test welding robots in shipyards
The toll of the horrific attack on the bulk carrier Eternity C in the Red Sea is still uncertain.
Mandaluyong/London/Brussels
Joint statement by ICS, BIMCO, European Shipowners, Intercargo and Intertanko
In the first half of 2025, bulk cargo increased and general cargo decreased in the port of Marseille-Fos
Marseille
Cruise passengers increase by +5%
The Senate has approved the framework law on interports
Rome
UIR, gives the Italian interport system a modern, orderly and coherent regulatory framework
Carlo De Ruvo was elected president of Confetra
Rome
Among the challenges, the uncontrolled expansion of large logistics groups and their concentration
Number of pirate attacks on ships still high in the second quarter of 2025
Number of pirate attacks on ships still high in the second quarter of 2025
Kuala Lumpur
The number of acts of violence against crews is decreasing
Telemar and TNL Group merger agreement
Telemar and TNL Group merger agreement
Oslo/Athens/Paris
One of the top three operators in the OT/IoT services market for the maritime and superyacht sectors will be created
Attacks on ships in the Red Sea still cause deaths among seafarers
Portsmouth
Liberian-flagged bulk carrier " Eternity C" targeted
Canadian shipbuilding company Davie acquires second shipyard in Finland
Helsinki/Pori
It will buy the Enersense Offshore shipyard
Amendment on Port Labor Supply Agencies Approved
Rome
Immediate transformation into Agencies authorised to provide temporary port work
Salvini appoints a manager of a private shipping company from Campania as president of the regional AdSP
Rome
This is Eliseo Cuccaro, CEO of Alilauro
Extend the application of the 0.1% sulphur limit in marine fuels globally
Extend the application of the 0.1% sulphur limit in marine fuels globally
Berlin
This is proposed by an analysis by the International Council on Clean Transportation
IMO and EU condemn renewed attacks on ships in the Red Sea
London/Brussels
Dominguez: New violation of international law and freedom of navigation
In the first half of 2025, container traffic in the port of Gioia Tauro grew by +10.5%
Joy Taurus
2,186,211 TEUs were handled
A bulk carrier was attacked in the Red Sea
Portsmouth
The crew abandoned the ship which began to take on water
German government allocates 400 million euros to support energy transition in maritime-port sector
Over 78 million euros to the ports of Augusta and Taranto for offshore wind
Rome
Funds distributed over three years starting from 2025
The PNRR tender for interports has been reopened.
Rome
Resources available amounting to 2.2 million euros
Port of Livorno: Workers are the priority in the LTM crisis
Livorno
UPS's quarterly earnings performance declines
Atlanta
Net income in the April-June quarter was $1.28 billion (-8.9%)
Approval for the 2025 budget variation of the Southern Tyrrhenian and Ionian Sea Port Authority.
Gioia Tauro
500 thousand euros for the 49% share held by the Port Agency company
FHP Group acquires the remaining 10% stake in Lotras
Milan/Foggia
The integration between Lotras and CFI Intermodal will begin to create FHP Intermodal.
OITAF scientific document on good practices in the logistics and transport of fresh fruit and vegetables
Milan
The Northern Tyrrhenian Sea Port Authority has joined the PLIKA
Livorno
Platform dedicated to training, innovation and knowledge sharing in the logistics and port sectors
Matteo Paroli's nomination as president of the Western Ligurian Sea Port Authority has been signed.
Rome
He has a degree in law and a specialization in administrative law.
Container throughput increases in Haropa Port, while bulk cargo decreases.
Le Havre
In the first half of this year, containers were 1.51 million TEUs (+4%)
Bureau Veritas reports a 9.8% quarterly increase in revenues in the Marine & Offshore segment
Courbevoie
Kalmar and Konecranes increase new orders in the April-June quarter
Helsinki
The turnover of the two Finnish companies is slightly increasing
Container traffic in the port of Barcelona fell by 12.2% in the second quarter.
Barcelona
Assiterminal threatens a new wave of appeals against regulations it believes are damaging to port operations
Genoa
2M Logistics signs an agreement with Salerno-based Gallozzi
Barendrecht
The Dutch company will represent GF Logistics, a subsidiary of the Italian group, in the Benelux region.
Swiss company Kuehne+Nagel's quarterly profits fell
Schindellegi
In the period April-June of this year, net turnover grew by +1.7%
Yang Ming orders three 8,000 TEU container ships from Nihon Shipyard and Imabari Shipbuilding
Keelung/Imabari
Contract valued at $351.3-394.5 million
Italia Nostra reiterates its strong concerns about the construction of the Fiumicino-Isola Sacra port.
Rome
European maritime cities, destinations for cruise tourism - the association highlights - denounce the phenomenon of over-tourism in the cruise sector
Egypt's first automotive terminal has come into operation at Port Said East.
East Port Said
It can accommodate two car carriers at the same time
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Tepsa has acquired a liquid bulk terminal in the port of Rotterdam.
Singapore/Rotterdam
It was sold by Global Energy Storage Holdings
The Spinelli Group has approved its 2024 sustainability report.
Genoa
Of the company's 616 direct employees, 49% are under the age of 50.
In the second quarter of this year, cargo traffic in Turkish ports grew by +1.6%
Ankara
Cargoes to and from Italy amounted to 12.7 million tons (+10.1%)
Extension of the Simplified Logistics Zone for Genoa Ports and Dry Ports to the Savona, Vado Ligure, and Bergeggi areas.
Genoa
Approval from the ZLS Steering Committee
Isotta Fraschini Motori has inaugurated a new production line for hydrogen fuel cell systems in Bari.
Trieste
They will be used for naval and land solutions
The Grande Shanghai , the Grimaldi Group's first ammonia-ready car carrier, has been christened.
Naples
It has a load capacity of 9,000 CEUs.
The Port of Genoa, FILT, and UILT have declared a five-day strike at the Bettolo Terminal.
Genoa
Fit Cisl Liguria expressed solidarity with the workers
The tender for the dredging of the commercial dock basin at the port of Ancona has been published.
Ancona
The removal of approximately 730 thousand cubic meters of sediment is planned
Tender for the restoration and enhancement of docks 32 and 33 in the Deep Sea Zone of the port of Savona
Genoa
An investment of over 6.7 million euros is expected
There are 1,100 workers in Palermo directly employed in the seaside tourism sector
Palermo
This year, cruise traffic is expected to grow by 9.4% in the port of the Sicilian capital.
Six-month growth of +9% in freight on the St. Petersburg-India/China maritime route
Fly
FESCO operates six vessels in the service
Port of Trieste: Special Commissioner Gurrieri under investigation for money laundering
Trieste
I am certain - he declared - that I can demonstrate that I acted legally, in full transparency.
Vard signs new contract for the construction of two CSOVs
Trieste
The vessels will be used to support operations in the offshore wind sector
UIR welcomes the publication of the tender for the digitalization of the logistics chain.
Rome
Di Caterina (ALIS): a concrete tool that enhances the needs of businesses and strengthens the logistics system
GNV celebrated its first ten years of activity on the Italy-Albania route
Durres
During the period, the company's ships carried over 1.25 million passengers
A shipment of over 1.2 tons of marijuana was seized at the port of Gioia Tauro.
Reggio Calabria/Catanzaro
Members of a criminal organization that imported drugs from South America through European ports and airports have been arrested.
Yang Ming orders Hanwha Ocean to build seven 15,000 TEU dual-fuel containerships
Keelung
They will be delivered between 2028 and 2029
Walden to sell healthcare logistics business to Yusen Logistics
Paris
Exclusive negotiations announced
Solinas (Sardinian Action Party) is not at all satisfied with the state of Sardinian ports
Cagliari
The immediate establishment of a special commission is urged
ANSI welcomes the introduction of the information dashboard for managing private procurement contracts in logistics.
Rome
D'Angelo: it will allow the country to take another step forward
Russo (Confcommercio): excluding road transport from the PNRR funding was shortsighted.
Rome
First bulletin from the Freight Insights Observatory produced by the National Center for Sustainable Mobility
ABB Group posts sharp growth in quarterly financial and business performance
Zurich
In the period April-June the value of new orders grew by +16.0%
Informal consultations have begun on the preliminary proposal for the new Ancona Port Master Plan.
Ancona
Eleven meetings scheduled for July
Program agreement for preparatory and functional interventions for the construction of the bridge over the Strait of Messina
Rome
It was signed today in Rome
Project to develop an ecological station for the treatment of wastewater from ships
Naples
Initiative of the Neapolitan Group of the Cenere and Iello Landing
Assiterminal urges against bringing sediment from the Bagnoli dredging project into the port of Naples.
Genoa
Cognolato and Ferrari: It is essential to safeguard the full functionality of the commercial port's activities.
Container traffic at the Port of Long Beach fell 3.4% in the second quarter.
Long Beach
A decline of -16.4% was recorded in June
Paolo Pessina has been appointed vice president of Conftrasporto-Confcommercio.
Rome
He is president of the national federation of maritime agents and brokers
Container traffic in the port of Hong Kong decreased by -8.2% in the second quarter
Hong Kong
A decrease of -13.7% was recorded in June
Cuneo-based logistics company Nord Ovest is seeing growing financial results.
Wedge
Construction work on a new depot in Mondovì will be completed in early 2026.
Container traffic at the Port of Los Angeles grows driven by fears of new tariffs
Los Angeles
June saw the highest volume ever recorded for this month
The Management Committee of the Sardinia Sea Port Authority has adopted the DPSS
Cagliari
Green light for the concession to MITO and the appeal against the rejection of Olbia's dredging project.
Three events in Genoa for three new Explora Journeys cruise ships.
Genoa
A technical launch, a coin laying and the cutting of the first sheet metal were carried out at the Fincantieri shipyard
Grimaldi sells 5% of Terminal Darsena Toscana to Livorno Port Company
Naples/Livorno
Option to purchase an additional 5% of the share capital
Concession agreement signed that assigns management of the port of Tartous to DP World
Damascus
It has a lifespan of 30 years
Matteo Gasparato appointed president of the Northern Adriatic Sea Port Authority
Rome
He was appointed extraordinary commissioner of the same port authority
Meeting in Rome between the heads of ESPO and Assoporti
Rome
Among the topics addressed, the competitiveness of European ports in the current global context
Chinese airline OOCL reports quarterly decline in scheduled service revenues
Hong Kong
Cargo transported by the company's ships is increasing
Collaboration between the Ukrainian Sea Ports Authority and the Western Ligurian Sea Port Authority
Rome
Agreement with an initial duration of five years
Survey in Germany on the prospects of companies in the maritime, port and shipbuilding sectors
Hamburg
Shipowners are more concerned. Positive prospects for ports and shipyards.
Port of Augusta: Work begins on a third bridge connecting the island to the mainland.
Augusta
Work worth over 20 million euros
Vard signs contract with InkFish for new research vessel
Trieste
The deal is worth more than 200 million euros.
1.1 billion euros will be invested in the port of Hamburg to strengthen the container sector
Hamburg
Improving accessibility and port infrastructure in the Waltershofer Hafen area
Meyer Turku delivered the new Star of the Seas cruise ship to Royal Caribbean
Turku
It has a gross tonnage of 250,800 tons
ESPO calls for increased funding for ports under the next EU Multiannual Financial Framework
Brussels
The CEF programme funds have proven to be far from sufficient
Fincantieri delivers the new Oceania Allura cruise ship to Oceania Cruises.
Miami/Trieste
Two additional Sonata-class ships have been converted into orders.
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
Confindustria event on the sea economy in Rome on July 15th
Rome
The public meeting of the International Containers Studies Center will be held in Genoa on July 2nd
Genoa
››› Meetings File
PRESS REVIEW
Why Malta is objecting to a new price cap on Russian oil
(timesofmalta.com)
US has its eye on Greek ports
(Kathimerini)
››› Press Review File
FORUM of Shipping
and Logistics
Intervento del presidente Tomaso Cognolato
Roma, 19 giugno 2025
››› File
Uniport: Bringing debris from Bagnoli to the port of Naples would postpone long-awaited dredging.
Rome
Legora de Feo: It's necessary to find alternative solutions.
Taiwanese companies Evergreen, Yang Ming and WHL saw sharp declines in quarterly revenues.
Keelung/Taipei
In the period April-June it fell by -18.7%, -26.5% and -8.6% respectively
The establishment of the Information Dashboard for the management of private procurement contracts in logistics has been approved.
In May, freight traffic in the port of Ravenna grew by +1.4%
Ravenna
Bulk cargo is on the rise. Miscellaneous cargo is on the decline.
EU approves joint purchase of port equipment by terminal operators
Brussels
Joint definition of minimum technical specifications of equipment is also permitted
Serbian energy group EPS will import coal through the Montenegrin port of Bar
Bar
Currently imports from Indonesia pass through the port of Constanta
Fincantieri Foundation and Luiss University launch a project to strengthen the safety of underwater infrastructure.
Trieste
Among the objectives, contribute to the definition of a specific regulatory framework
Freewheeling: The government's U-turn on anti-mafia controls in the road haulage sector is a welcome development.
Modena
Franchini: If the government has realized it made a mistake, that's good news.
Agostinelli (AdSP Tirreno Meridionale e Ionio): the amendment that allows for the early transformation of the Gioia Tauro Port Agency is extremely important.
Confindustria's event on the maritime economy will take place in Rome on July 15th.
Rome
The confederation's strategic document on the sector will be presented
Kerala seeks $1.1 billion from MSC in damages over MSC Elsa 3 sinking
Thiruvananthapuram
Temporary detention of the vessel "MSC Akuteta II" granted
Trasportounito requests the cancellation of the renewal procedure of the Central Committee of the Register of Hauliers
Rome
New seizure of a load of cocaine in the port of Gioia Tauro
Reggio Calabria
16 bags containing 417 kilos of drugs were found in a container
MOL and Kinetics to build world's first floating data center
Tokyo
It will be installed on a vessel of 9,731 gross tonnage
Rijeka Gateway Terminal to become operational in early September
Copenhagen
The first ship at the second container terminal of the Croatian port is expected on September 12
Falteri (Federlogistica) urges us to focus on the development of "polycentric" logistics
Genoa
The Simplified Logistics Zone should be the cornerstone of the strategy
Tsuneishi Shipbuilding Co. acquired Mitsui E&S Shipbuilding Co.
Hiroshima/Tokyo
It was renamed Tsuneishi Solutions Tokyobay Co.
Pessina (Federagenti): Northern European logistics system is struggling. Let's take advantage of it!
Rome
Unexpected opportunity - he underlines - for the Mediterranean ports and Italian ones in particular
MSC Cruises Joins Carnival and Royal Caribbean in Capitalizing on Grand Bahama Shipyard
Miami
Negotiations underway since the end of 2024 have been successfully concluded
At The International Propeller Clubs the Dorso Award for the Mediterranean area
Naples
In recognition of the primary role played by logistics operators in Mediterranean traffic
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