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28 April 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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Geneva
WTO predicts. Okonjo-Iweala: Persistent uncertainty threatens to slow global growth, with serious negative consequences for the world
In 2023, around two-thirds of all goods moved in the EU were transported by sea.
Luxembourg
In the period 2013-2023, only the share of road transport increased, while that of other modes decreased.
Postal shipments of goods from Hong Kong to the US suspended
Hong Kong
Hongkong Post faces exorbitant and unreasonable tariffs due to unjustified and intimidating actions of the United States
Confitarma highlights the need for the decarbonisation strategy not to penalise shipping compared to other modes
Rome
Zanetti: also ensure that the implementation process takes into account the operational needs of the industry
Intercargo and Intertanko raise concerns over shipping decarbonisation deal
London
The complexity of the measure adopted by the IMO and the unusual procedure from which non-governmental organizations were excluded were highlighted
Pirate attacks on ships to spike in first quarter of 2025
Pirate attacks on ships to spike in first quarter of 2025
London
Sharp increase in incidents in the Singapore Straits
Interferry welcomes IMO agreement on decarbonisation of shipping, but finds strategy too complex
Victoria/Piraeus
Greek Shipowners' Association disappointed by failure to recognise essential role of transition fuels such as LNG
International Labour Organization Recognizes Seafarers as Key Workers
London
ITF and ICS: a historic moment
CMA CGM to acquire 35% of Egypt's October Dry Port
Cairo
The company operates a dry port in the industrial and logistics zone near Cairo
MSC Group's TiL to Take Full Control of Hutchison Ports Terminals
New York
Bloomberg reports this, specifying that the Panamanian terminals would be jointly managed with BlackRock
Draft regulation on decarbonisation of shipping approved by MEPC includes mandatory fuel standard and pricing of greenhouse gas emissions
London/Washington/Brussels
The establishment of a Fund to collect resources deriving from the pricing of emissions is foreseen
Task force of five associations for the relaunch of Italian rail cargo
Rome
Initiative by Agens, Assoferr, Assologistica, Fercargo and Fermerci
MIT indicates Matteo Paroli as new president of the ports of Genoa and Savona-Vado
Rome/La Spezia
The La Spezia port community also requests a name for the Eastern Liguria Port Authority
Le Aziende informano
Il retrofit ibrido-elettrico di ABB guida i traghetti dei laghi italiani verso un futuro più sostenibile
Confitarma underlines the importance of the shipping decarbonisation strategy being defined at IMO
Rome
The Italian Confederation specifies that it shares some of the USA's concerns
WSC Reiterates Trump's Measures for National Maritime Industry Are Bad for U.S. Economy
Washington
Kramek: Ready to support the administration with constructive proposals
Fincantieri and Accenture establish joint venture Fincantieri Ingenium
Trieste/Milan
The aim is to drive the digital transformation of the ship product and port logistics
Meyer Werft has delivered the new luxury cruise ship Asuka III to NYK Cruises
Papenburg/Emden
It has a capacity of 744 passengers and 470 crew members
As Trump formalizes measures to revitalize America's maritime industry, the nation's ports face a dramatic decline in traffic
Washington/Geneva
Okonjo-Iweala (WTO): With the escalation of trade tensions between the US and China, the exchange of goods between the two economies could decrease up to 80%
CK Hutchison denies allegations of breach of concession contract for Panamanian ports of Cristóbal and Balboa
Panama
Panama Ports Company emphasizes that it has complied with all legal obligations and contractual commitments
US Does Not Participate in IMO Negotiations on Shipping Decarbonization, Threatens Reciprocal Measures
London
Expressed opposition to any attempt to impose economic measures on ships based on greenhouse gas emissions or fuel choice
T&E urges MEPC to agree clear and ambitious measures to decarbonise shipping
Brussels
It is necessary - the association underlines - to set binding objectives
Meyer Yachts will build an ultra-luxury residential mega yacht for Ulyssia Residences
Miami
The ship will be 320 meters long and will be built at the Papenburg shipyard
Neapolitan Grimaldi Group wins $1.3 billion order for nine ro-pax ships
Neapolitan Grimaldi Group wins $1.3 billion order for nine ro-pax ships
Helsinki/Naples
Order at China Merchants Jinling Shipyard (Weihai)
Viking orders two cruise ships from Fincantieri with option for two additional units
Los Angeles/Trieste
The two ships under construction in Ancona for the American brand will be the first in the world to be powered by hydrogen stored on board
Federlogistica, the possible collapse of road transport is a risk for the country
Genoa/Modena
Ruote Libere reports that the government only needs to allocate a little money to avoid having to deal with the real problems of road hauliers
Last year, the revenues of the Chinese group CMPort increased by +3.1%
Hong Kong
In the first three months of 2025, port terminals handled 36.4 million containers (+5.6%)
The financial statements of the AdSP of Western Liguria and the Central-Northern Tyrrhenian Sea have been approved
Genoa/Civitavecchia
Konecranes revenues increased by +7.7% in the first three months of 2025
Helsinki
343 million euros of new orders for port vehicles (+37.5%)
Kuehne+Nagel posts first quarter of growth
Schindellegi
The logistics group's net sales amounted to 6.33 billion Swiss francs (+14.9%)
Application by TDT (Grimaldi group) for the construction and management of 50% of the Terminal Darsena Europa in Livorno
Leghorn
The company has requested an extension of the duration of the current concession
In 2024, 58 million invested in the modernization of the ports of Livorno, Piombino and the island of Elba
Leghorn
The final budget and the annual report of the AdSP have been approved
EIB advice to strengthen climate resilience of the ports of Volos, Alexandroupolis and Patras
Luxembourg
It will assist port authorities in identifying and managing climate risks
In the first quarter the port of Valencia handled 1.3 million containers (+3.4%)
Valencia
Transhipment traffic decline
The Management Committee of the Central Tyrrhenian Sea Port Authority has unanimously approved the 2024 financial statement
Naples
SOS LOGistica will acquire the qualification of Third Sector Entity
Milan
The association currently has 74 members
In the first three months of 2025, freight traffic in the ports of Barcelona and Algeciras decreased
Barcelona/Algeciras
Hupac transfers intermodal service with Padua to Novara
Noise
Until now the other terminal was the one in Busto Arsizio
PSA SECH has operated the first 400-meter train at Parco Ferroviario Rugna
Genoa
Capacity up to 20 pairs of trains per day
The 2024 financial statement of the Eastern Liguria Port Authority was unanimously approved
The Spice
The war clearance preparatory to the expansion of the Ravano Terminal in La Spezia is nearing completion
The Spice
The AdSP has invested over 600 thousand euros in it
Francesco Rizzo appointed president of the AdSP of the Strait
Rome
He has repeatedly denounced the uselessness of the construction of the bridge over the Strait
US aircraft attack Yemeni port of Ras Isa
Tampa/Beirut
38 dead and over a hundred injured
In 2025 Stazioni Marittime predicts an increase in ferry and cruise traffic in the port of Genoa
MIT Mobility Report Highlights Rising Demand for Both Passengers and Freight
Rome
In the first quarter, cargo traffic in Russian ports decreased by -5.6%
St. Petersburg
Both dry goods (-5.3%) and liquid bulk (-5.8%) are decreasing
Andrea Giachero confirmed as president of Spediporto
Genoa
The board of directors of the association of Genoese freight forwarders has also been renewed for the three-year period 2025-2028
Study for monitoring vehicular traffic in the ports of Venice and Chioggia
Milan
Order awarded to Circle and Arelogik
In Italy, the rail freight transport sector is in deep trouble
Geneva
Fermerci calls for making traffic incentives structural and increasing and for refinancing the incentive for the purchase of locomotives and wagons
Global Maritime Forum report on optimising ship calls to reduce emissions
Copenhagen
Virtual arrival and just-in-time arrival approaches proposed
In the first quarter of this year, container traffic in the port of Gioia Tauro grew by +15.5%
Joy Taurus
Construction of the "Dockworker’s House" has begun
GNV has taken delivery of the second of four new ro-pax vessels in China
Genoa
"GNV Orion" will be able to accommodate 1,700 passengers and transport up to 3,080 linear metres of cargo
After ten quarters of decline, container traffic in the port of Hong Kong returns to growth
Hong Kong
In the first three months of this year 3.39 million TEUs were handled (+2.1%)
Fincantieri acquires stake in WSense
Rome
The ninth FREMM unit "Spartaco Schergat" delivered to the Italian Navy
The new edition of the Practical Manual of Maritime Traffic has been presented
Genoa
Written by Assagenti, it turns fifty
Container traffic at the ports of Long Beach and Los Angeles increased by 26.6% and 5.2% in the first quarter
Long Beach/Los Angeles
Trump's tariffs impact imminent
In the first three months of 2025, the port of Singapore handled 10.5 million containers (+5.8%)
Singapore
In weight, containerized traffic recorded a decrease of -1.4%
Regulations signed for LNG bunkering at Fincantieri shipyard in Genoa
Genoa
Define the methods of transferring fuel from ship to ship
Historic shipbuilding brands Uljanik and 3.Maj on the verge of extinction
Zagreb
The State confirms its intention to sell the shipbuilding activities at the two sites of Pula and Rijeka
Cambiaso Risso has completed the acquisition of the French Somecassur
Genoa
The transalpine company specializes in the insurance of super and mega yachts
New weekly train service between the port of Gioia Tauro and Verona
Joy Taurus/Verona
Operated by Medlog for the transport of refrigerated goods
EBRD looking for strategic partner for development of Moldovan river port of Giurgiulesti
London
International competition launched
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Turkish ports set new first-quarter cargo traffic record
Ankara
Historic peak of cargo imported from abroad
In the first quarter of 2025, freight traffic in the port of Taranto grew by +37.6%
Taranto
Increase of 854 thousand tons of solid bulk and 265 thousand tons of conventional goods
DEME buys Havfram, a company that installs offshore wind farms
Second Right/Washington
Transaction worth approximately 900 million euros
Rail transport of convoys for Rome Metro started from Reggio Calabria
Rome
Contract awarded by Hitachi Rail to Mercitalia Rail
In 2024, the volumes handled by Magli Intermodal Service decreased by -2%
Rezzato
Turnover stable
Yang Ming records first decline in turnover in March after 14 months of growth
Keelung/Taipei
Evergreen and WHL revenue growth continues
The European Commission has approved the acquisition of Germany's Schenker by Denmark's DSV
Brussels
The impact on competition in the markets in which the two companies operate is considered limited
Fincantieri - Kayo Agreement to Promote the Development of the Shipbuilding and Naval Industry in Albania
Trieste
Possible creation of a hub for shipbuilding and refitting in the region
Recent slight reduction in logistics costs for new factory vehicles
Brussels
Montaresi (AdSP Liguria Orientale) awarded with the "Port Oscar"
Miami
The event has reached its eighteenth edition
In the first three months of 2025, containers carried by OOCL vessels increased by +9.3%
Hong Kong
Revenues up +16.8%
The AdSP of the Southern Tyrrhenian and Ionian Seas wins in appeal against Zen Yacht
Joy Taurus
Company ordered to pay back rent
A large shipment of cocaine was seized in the port of Livorno
Leghorn
Two tons of drugs identified by Customs and Financial Police personnel
Navantia renews agreement with American cruise group Royal Caribbean
Miami
To date, the Cadiz shipyard has carried out maintenance, repair and refurbishment work on 45 of the group's ships.
Record cruise traffic expected in Italian ports this year
Miami
Cemar believes that growth will not stop even in 2026
HII-HHI Agreement to Accelerate US and South Korean Naval Production
National Harbor
The aim is to strengthen the naval industrial base of the two nations.
Panama Ports Company Accused of Violating Terms of Concession Agreement
Panama
Panama's Auditor General announced the filing of criminal charges
Colombo West International Terminal has become operational
Ahmedabad
It has a traffic capacity of 3.2 million TEUs
The conference "New sustainable marine fuels - Decarbonize Shipping" will be held in Genoa on Monday
Genoa
The new multifunctional border control structure PCF - PED/PDI Point completed in the port of Gioia Tauro
Joy Taurus
"Artificial Intelligence Comes to Port" Conference in Rome on Friday
Rome
It is promoted by the National Union of Port Enterprises
MSC Group's new cruise terminal inaugurated in Miami
Miami
It can accommodate three large ships at the same time
In February, traffic in the port of Ravenna increased by +2.1%
Ravenna
Bulk cargo increases, miscellaneous cargo declines
In 2024, Ferrovie dello Stato Italiane recorded a net loss of -208 million euros
Rome
Revenues up by +11.7%. The group's freight transported increased thanks to the acquisition of Exploris
Port of Genoa, Ente Bacini requests new spaces and renewal of the concession
Genoa
Conference to celebrate the centenary of the company
The public meeting of the Italian Port Terminal Operators Association will be held in Rome on June 19th
Genoa
VARD to build offshore dive vessel for Dong Fang Offshore
Alesund/Trieste
The contract is worth 113.5 million euros
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
The conference "New sustainable marine fuels - Decarbonize Shipping" will be held in Genoa on Monday
Genoa
It will take place at the headquarters of the Port Authority of Genoa
"Artificial Intelligence Comes to Port" Conference in Rome on Friday
Rome
It is promoted by the National Union of Port Enterprises
››› Meetings File
PRESS REVIEW
Proposed 30% increase for port tariffs to be in phases, says Loke
(Free Malaysia Today)
Damen Mangalia Unionists Protest Friday Against Possible Closure
(The Romania Journal)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Next week Italian ports will participate in Seatrade Cruise Global
Rome
Initiative brand: "CruiseItaly - One Country, Many Destinations"
MSC Group Cruise Terminal Officially Inaugurated in the Port of Barcelona
Barcelona
In 2027 it will be equipped with a cold ironing plant
Marcegaglia and Nova Marine Carriers form NovaMar Logistic joint venture
Lugano/Gazoldo of the Ippoliti
A general cargo ship will transport raw materials to the steel group's plants
Liebherr achieves record annual sales in the maritime and port crane segment
Bulls
Strong demand for offshore and container handling equipment
The annual conference "Programming, Operation and Management of Transport Networks" in Genoa
Genoa
It is dedicated to the transport and mobility sector
Last year, 656 ships underwent repair work in Greece
Piraeus
Increase of five units compared to 2023
Port of La Spezia, cruise ship docking simulations completed at Garibaldi West pier
The Spice
Assagenti conference on the future of the profession of maritime agent and broker
Genoa
It will be held tomorrow in Genoa
Stena Line presents a project for a ro-ro vessel capable of reducing energy consumption by at least 20%
Gothenburg
Introduced most of the innovative technologies currently available
Francesco Beltrano is the new general secretary of Uniport
Rome
He takes over from Paolo Ferrandino, who will continue to collaborate as a consultant
Saipem awarded new contracts in Middle East and Guyana
Milan
The total value of the orders is approximately 720 million dollars.
Conference in Genoa for the centenary of Ente Bacini
Genoa
The company was established on 19 February 1925
Interporto Bologna Board of Directors Renewed
Bentivoglio
Stefano Caliandro Appointed President. Loss of 1.7 million euros in 2024
NYK invests 76 billion yen in NYK Energy Ocean Corporation
Tokyo
The newco has taken over the activities of ENEOS Ocean
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