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01 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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Assologistica presents the "Cruscotto" project to ensure transparency and legality in the logistics sector
Milan
Ruggerone: it is an infrastructure of trust between clients and operators
Federagenti, cruises cannot and must not become the target of an indiscriminate hate campaign
Federagenti, cruises cannot and must not become the target of an indiscriminate hate campaign
Rome
A "Pact for the Sea" proposed with solutions to tackle overtourism for which passenger ships are not to blame
New step forward for the construction of the underground freight transport system in Switzerland
New step forward for the construction of the underground freight transport system in Switzerland
Bern
Cargo sous terrain plans to build a 500-kilometer system by mid-century
Carnival posts record earnings for March-May period
Carnival posts record earnings for March-May period
Miami
The number of cruise passengers embarked also peaked this quarter
Federlogistica, it is reckless to activate railway construction sites without a concerted plan
Genoa
Falteri: Isolating the port of Genoa from the railway network for three weeks means putting the whole of Northern Italy in difficulty
Multipurpose terminals privatized in eight Saudi ports
Multipurpose terminals privatized in eight Saudi ports
Riyadh
Four will be operated by Saudi Global Ports and four by Red Sea Gateway Terminal
Public debate launched on the project for Pier VIII in the port of Trieste
Public debate launched on the project for Pier VIII in the port of Trieste
Trieste
A total investment of 315.8 million euros is expected
South Korea's HD Hyundai partners with US Edison Chouest Offshore to build containerships in US
South Korea's HD Hyundai partners with US Edison Chouest Offshore to build containerships in US
Seoul
The possibility of building other types of ships and constructing port cranes is foreseen
Rixi: with the Omnibus decree, Phase B of the new Genoa breakwater is guaranteed
Rome
Expenditure of 50 million euros authorised for 2026 and 92.8 million for 2027
Israel-Iran conflict prompts Maersk to suspend calls at Haifa port
Copenhagen
Those at the port of Ashdod will continue instead.
Northern European Nations Commitment to Counter Russian Shadow Fleet
Warsaw
If the vessels do not fly a valid flag in the Baltic Sea and the North Sea - they specify - we will take appropriate measures in compliance with international law.
Freight traffic in French ports stable in the first quarter of 2025
Freight traffic in French ports stable in the first quarter of 2025
The Defense
Containers and liquid bulk on the rise. Increase in unloading loads and decrease in loading loads
Cognolato (Assiterminal): Today more than ever we need a coherent port policy
Rome
All the critical issues highlighted in recent years still remain open - he highlighted.
Alessandro Pitto confirmed as president of Fedespedi
Milan
The Board of Directors, the Board of Arbiters and the Board of Auditors have been renewed
A protest action by Greek seafarers is heated, with the PENEN and PNO unions launching very serious accusations, including mutual ones
Piraeus
The strike, declared illegal by the courts, blocks some ships of the Attica group in the port of Patras
Saipem awarded contract for a phosphate mining project in Algeria that includes the upgrading of the port of Annaba
Milan
The construction of railway lines is also planned
Suez Canal celebrates return of large-capacity containership transits
Suez Canal celebrates return of large-capacity containership transits
Ismailia
Today it was crossed by the vessel "CMA CGM Osiris" which can carry 15,536 teu
IMO, ILO, ICS and ITF urge protection of seafarers' rights against unjust criminalisation
London
The "Guidelines on the Fair Treatment of Seafarers Detained in Relation to Alleged Offences" were adopted in April
Trump's new tariffs also hit container traffic at the Port of Long Beach
Long Beach
In the first five months of 2025, an increase of +17.2% was recorded
Transfer of the port of Carrara from the Ligurian to the Tuscan AdSP not without a discussion with the operators
Milan
Dario Perioli, FHP, Grendi and Tarros ask for it
Up to $768 billion in investments needed to adapt world ports to rising sea levels
New York
Port of Los Angeles Feels Impact of New Tariffs on Container Traffic
Los Angeles
A decrease of -4.8% was recorded in May
Assagenti proposes a task force to solve port, logistics and industrial problems
Genoa
A "problem solver" consultative body composed, in addition to the categories of the maritime cluster, of the manufacturing industries of the North-West quadrant
Cargo traffic at the port of Singapore fell by -4.6% in May
Singapore
New crane overturned for delivery in new Tuas port area
In the first quarter of 2025, freight traffic on the Swiss rail network fell by -6.4%
Neuchatel
Service performance at 2.35 billion tonne-km, down -8.2%
ANGOPI fears that new measures to ensure maritime continuity will penalise mooring services
ANGOPI fears that new measures to ensure maritime continuity will penalise mooring services
Ischia
Power: it is necessary to remove them from a perverse mechanism
Dutch HES International to operate bulk terminal in Marseille-Fos port
Marseille
The concession contract will have a minimum duration of 30 years
Ibiza government opposes Trasmed's overnight stay on board ferry program
Ibiza/Valencia
It is considered a "clandestine hotel", while the company defines it as a cruise service
Bruno Pisano appointed extraordinary commissioner of the AdSP of the Eastern Ligurian Sea
Rome
He will take up his post next Monday
Federlogistica proposes a comparison between operators on the congestion fee while waiting for a solution from the government
Genoa
In the first five months of 2025, container traffic in the port of Gioia Tauro grew by +10.3%
Joy Taurus
1,813,071 TEUs were handled
Trasportounito, truck waiting times in ports must be paid
Genoa
Tagnochetti: The Port Fee aims to redistribute the costs of all disruptions more equitably
Commissioners of the AdSPs of the Northern Tyrrhenian, Ionian and Western Liguria appointed
Rome/Genoa
Trade unions concerned about the future of Genoa Port Terminal workers
Political instability and green transition are the main problems that shipping faces
London
This is highlighted in the "ICS Maritime Barometer Report 2024-2025"
The new container terminal of the port of Termini Imerese presented
Palermo
Transfer of traffic handled by Portitalia to the port of Palermo
GCMD survey confirms shipping's commitment to decarbonisation
Singapore
Ports concerned about lack of certainty about demand from shipping companies
The EU Commission has re-identified Port Said East and Tanger Med as neighbouring container transhipment ports
Brussels
Road haulage extends congestion fee application to Livorno port
Livorno/Rome/Milan/Genoa
Fedespedi, they do not solve the problems, but have the only effect of increasing costs
The new Border Control Post has been inaugurated in the port of Livorno
Leghorn
The structure cost 15 million euros
In April, ship transits through the Suez Canal decreased by -7.7%
In April, ship transits through the Suez Canal decreased by -7.7%
Cairo
In the first four months of 2025, the decline in maritime traffic was -14.9%
Port of Genoa, green light for extension of concession to Spinelli until September 30
Genoa
Ok also to the extension to the Campostano group
The National Maritime Fund has started the recognition of scholarships
Genoa
They are granted for basic training and security familiarization courses.
RFI and MIT sign the update to the program contract for approximately 2.1 billion
Rome
Around 500 million euros expected for the management of the railway network
San Giorgio del Porto delivers a vessel for the bunkering of liquefied natural gas
Genoa
It was built for Genova Trasporti Marittimi
Pisano (AdSP Liguria Orientale): the ports of La Spezia and Carrara have integrated almost perfectly
La Spezia/Bari
Extraordinary Commissioner of the Southern Adriatic Sea Port Authority appointed
Raffaele Latrofa appointed president of the AdSP of the Central-Northern Tyrrhenian Sea
Rome
He is the deputy mayor of Pisa
India's Mazagon Dock Shipbuilders Acquires Control of Sri Lanka's Colombo Dockyard
Mumbai
Investment of approximately 53 million dollars
The Commissioner of the Western Ligurian Sea Port Authority has been granted the powers and prerogatives of the Management Committee
Genoa
The measure pending the restoration of the ordinary top management bodies
The Three-Year Operational Plan 2025-2027 of the Central Adriatic Port Authority has been approved
Ancona
Favorable opinion of the Sea Resource Partnership Body
The public meeting of the International Containers Studies Center will be held in Genoa on July 2nd
Genoa
It will deal with the physical transformations of the container and the digitalization of processes
Andrea Ormesani is the new president of Assosped Venezia
Venice
The board of directors has been renewed. Paolo Salvaro remains general secretary
Witte (ISU): In 2024, the ship salvage sector stabilized from the low of two years ago
London
Finnish Elomatic to Install Tunnel Thrusters on 11 Carnival Cruise Ships
Turku
The works will begin next autumn and will end in 2028
The Assarmatori assembly will be held in Rome on July 1st
Rome
"Mediterranean against the current" the theme of the meeting
Fincantieri has delivered the new cruise ship Viking Vesta to the American Viking
Trieste/Los Angeles
It was built in the Ancona shipyard
The Genoa Coast Guard has placed the container ship PL Germany under administrative detention
Genoa
Italian Navy orders two new Multipurpose Combat Ships from Fincantieri
Trieste
The order to the shipbuilding company is worth 700 million euros
MSC Group to manage cruise services in the ports of Bari and Brindisi
Bari
Ten-year concession with possibility of extension
German Kombiverkehr Returns to Profit in 2024
Frankfurt am Main
The level of revenues remained unchanged at 434.6 million euros.
Deltamarin to design the six new ro-pax vessels ordered by Grimaldi for the Mediterranean routes
Turku
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
The practice of subcontracting in European logistics is creating a parallel labour market where rights are not enforced
Brussels
"Sorry, We Subcontracted You" Report Presented
Tomorrow Grendi will launch the group's fourth ship on routes to and from Sardinia
Milan
"Grendi Star", with a load capacity of 2,800 linear meters, will connect Marina di Carrara and Cagliari
FREMM frigates operational support contract signed between Orizzonte Sistemi Navali and OCCAR
Taranto
The agreement has a total value of approximately 764 million euros
Call to reform the entire driver training system in the transport sector
Rome
Seven proposals presented
In the port of Gioia Tauro, the Guardia di Finanza soldiers seized 228 kilos of cocaine
Reggio Calabria
Two dockers arrested
Port of Livorno, new observatory to find solutions to the problem of port congestion
Leghorn
Marilli: We will seek solutions to reach the possible revocation of the port fee
Lockton PL Ferrari closed the last fiscal year with gross revenues of 34 million dollars
Genoa
Insurance premium volume rose to 350 million
Polish Trans Polonia Group acquires Dutch Nijman/Zeetank Holding
Tczew
It specializes in the transportation and logistics of liquid and gaseous products
d'Amico Tankers Sells Two 2011-Built Tankers for $36.2 Million
Luxembourg
They will be delivered to buyers by the end of July and on December 21st.
The Italian Merchant Marine Academy plans 13 new free courses
Genoa
Over 300 positions available
A delegation of Wista Italy visits the ports of Catania and Augusta
Catania/August
The association is made up of women who hold positions of responsibility in the maritime, logistics and trade sectors.
In the first five months of 2025, the port of Algeciras handled 1.9 million containers (-6.3%)
Algeciras
Empty containers decreased by -5.5% and full ones by -6.4%
Reway Group enters the port railway infrastructure maintenance sector
Licciana Nardi
Two contracts awarded by the AdSP of the Eastern Ligurian Sea
Delcomar and Ensamar take over maritime services with the smaller Sardinian islands
Cagliari
The tender for the six-year concession of the connections has been awarded
Port of Trieste, the newly appointed Gurrieri torpedoes the newly appointed Torbianelli
Trieste
Russo (Pd): it's a squalid power game
Singapore's SeaLead expands its maritime shipping offering to connect Turkey and Italy
Singapore
Route connected to services transiting the Suez Canal
The US Container Security Initiative program has been extended to Morocco
Rabat
Amrani: Let's consolidate Tanger Med's role as a safe and world-class maritime hub
Very positive first quarter for Greek Euroseas
Athens
Pittas: the positive momentum continued in the second quarter
Assonat and SACE present a plan for Italian tourist ports
Rome
Kuehne+Nagel has opened a new branch in Naples
Milan
The aim is to support the operational growth of the group in Southern Italy
RINA has acquired the entire capital of Finnish Foreship
Helsinki
The Helsinki-based company specializes in consulting in the field of marine and mechanical engineering.
Container traffic down at Barcelona and Valencia ports in May
Barcelona/Valencia
Resumption of containers in transit at the Catalan port
Annual cargo traffic in Greek ports stable in 2024
Piraeus
Domestic volumes are growing, while foreign trade is decreasing
Perplexity of freight forwarders, customs agents and maritime agents of La Spezia at the transfer of the port of Carrara to the Tuscan AdSP
The Spice
Timidly, they "hope for consideration for the progress made so far"
Francesco Mastro appointed extraordinary commissioner of the Southern Adriatic Sea Port Authority
Rome
He will take up office on June 30th.
John Denholm to be new president of the International Chamber of Shipping
Athens
He will take over from Emanuele Grimaldi in a year
Extraordinary commissioners of the two Ligurian Port System Authorities have been installed
Genoa/La Spezia
Matteo Paroli and Bruno Pisano at the helm of the institutions
Container traffic at Hong Kong port drops sharply in May
Hong Kong
1.05 million TEUs were handled (-12.7%)
Assogasliquidi-Federchimica shows the way to accelerate the decarbonization of road and maritime transport
Rome
Amadei: Our sector is ready and the time has come for courageous industrial choices
Eagle S tanker command blamed for cutting submarine cables in Gulf of Finland
Advantages
The accident was caused by the ship's anchor
Online platform to report critical issues that put transport workers at risk
Genoa
It was prepared by Fit Cisl Liguria
GNV to create a direct summer connection between Civitavecchia and Tunis
Genoa
It will run alongside the historic route via Palermo
The unification of Grimaldi's concessions in the port of Barcelona has been completed
Madrid/Barcelona
The contract expires on September 20, 2035.
In the first five months of 2025, cargo traffic in Russian ports fell by -4.9%
St. Petersburg
A decrease of approximately -12% was recorded in May
Raben Logistics Group Creates Subsidiary in Türkiye
Milan
It will have 20 employees and a 2,000 square meter cross-dock warehouse
Alberto Dellepiane confirmed as president of Assorimorchiatori
Rome
The composition of the entire association leadership remains unchanged
Agreement between Fincantieri and Indonesian PMM to develop solutions to face new unconventional underwater challenges
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 Assarmatori assembly will be held in Rome on July 1st
Rome
"Mediterranean against the current" the theme of the meeting
The public meeting of the International Containers Studies Center will be held in Genoa on July 2nd
Genoa
››› Meetings File
PRESS REVIEW
US has its eye on Greek ports
(Kathimerini)
Proposed 30% increase for port tariffs to be in phases, says Loke
(Free Malaysia Today)
››› Press Review File
FORUM of Shipping
and Logistics
Intervento del presidente Tomaso Cognolato
Roma, 19 giugno 2025
››› File
Structural adaptation works on dock 23 of the port of Ancona awarded
Ancona
Intervention worth over 11.8 million euros
Conference on the role of LNG and bioLNG for the decarbonisation of transport and industry
Rome
The Federchimica-Assogasliquidi event will take place on Monday in Rome
Dutch Bolidt increases presence in cruise ship sector with acquisition of American Boteka
Hendrik Ido Ambacht
Contship Italia has acquired the Genoese customs services company STS
Melzo
The Ligurian company was founded in 1985
Francesco Benevolo has been appointed extraordinary commissioner of the AdSP of the Central-Northern Adriatic Sea
Rome
He is the operations director of RAM - Logistics, Infrastructure and Transport
Montaresi resigns as commissioner of the Eastern Ligurian Port Authority
The Spice
In the eight months of administration - he underlines - we have not lost even a second
Gurrieri has been appointed extraordinary commissioner of the AdSP of the Eastern Adriatic Sea
Trieste
Pending the completion of the formal process for the designation of the president
The commissioners of the AdSP of Western Liguria have handed over their mandate to Minister Salvini
Genoa
The decision is part of the process of designation and nomination of the new leaders
Confetra criticizes the provisions of the decree-law Infrastructure for road transport
Rome
The Confederation urges the blocking of the process of appointing the presidents of the port authorities
Taiwanese Evergreen, Yang Ming and WHL saw revenue decline in May
Keelung/Taipei
The decline is accentuated for the two main companies
South Korea's KSOE wins order to build eight 15,900 TEU containerships
Seongnam
The unit value of each vessel is approximately $221 million.
First port terminal for car traffic of Greek Neptune Lines
Piraeus
It will be inaugurated next year in the French port of Port-La Nouvelle
The assembly of the association of Genoese maritime agents and brokers will be held on June 16th
Genoa
Round Table on Genoa, the hub of the North West and the Mediterranean
BN di Navigazione Board of Directors Renewed
Genoa
BluNavy aims to reach one million passengers by 2025
Viking Line designs world's largest all-electric ro-pax vessel
Viking Line designs world's largest all-electric ro-pax vessel
Åland
Record Monthly Container Traffic at Turkish Ports
Ankara
In May, almost 1.4 million TEUs were handled (+17.6%)
Sergio Landolfi has been elected president of the Customs Association of the Port of La Spezia
The Spice
The board of directors has been renewed
The ferry industry elite will attend the Interferry conference in Salerno in October
Victoria
Event titled "Connections"
Uniport launches an initiative to support ALS research
Rome
Fundraising for the NeMO Clinical Center Serena Foundation Onlus
The Propeller Club of Genoa has analyzed risks and opportunities of using AI in the maritime and insurance sectors
Genoa
The importance of training in the use of technology was highlighted
Chantiers de l'Atlantique delivers luxury cruising yacht Luminara to The Ritz-Carlton Yacht Collection
Saint Nazaire
The ship will debut in Alaska
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