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03 October 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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GATX Rail Europe signs sale-leaseback agreement with DB Cargo to purchase 6,000 railcars
Vienna
The transaction will be completed by the end of this year.
In the second quarter of 2025, freight throughput at the port of Bremen/Bremerhaven increased by +6.0%
In the second quarter of 2025, freight throughput at the port of Bremen/Bremerhaven increased by +6.0%
Bremen
Miscellaneous cargo is growing. Bulk cargo is declining.
India launches nearly $8 billion package to support its shipbuilding and maritime sectors
New Delhi
Shipyard production capacity expected to increase to 4.5 million gross tonnage per year
In the second quarter of this year, freight traffic in French ports fell by -0.4%.
Paris
Dry bulk and rolling bulk trades are declining. Container and liquid bulk trades are growing.
Antin Infrastructure Partners to acquire UK's leading marina operator
Paris/London/New York
It will take over ownership from British private equity firm LDC
Royal Caribbean agrees with Meyer Turku to build Icon ships for a decade
Miami
Order confirmed for a fifth Icon cruise ship and option placed on a seventh unit of the same series
Maersk announces it will not apply surcharges for new US tariffs on Chinese vessels
Copenhagen
The company assures that it will not make any changes to its services
Cochin Shipyard and KSOE enter into strategic collaboration in shipbuilding sector
New Delhi
The creation of approximately two thousand direct jobs is expected
DHL will resume freight shipments from Germany to the United States for corporate customers.
Bonn
They had been suspended due to the removal in the USA of the "de minimis" threshold for goods with a value of less than 800 dollars.
World Business Council for Sustainable Development Statement in Support of the IMO Net-Zero Framework
Ancona: Tax fraud in the shipbuilding sector
Ancona
Over €2.3 million in non-existent tax credits seized
CMA CGM buys British rail freight operator Freightliner
Birmingham
The transaction will be completed in early 2026
Containerized cargo at the port of Algeciras decreased by -9.4% last month
Algeciras
The 20-foot containers handled were 399 thousand (-0.7%)
Italferr participates in Europe's largest railway electrification contract
Rome
Activities within the Rail Baltica project
Freight traffic increased in the ports of Barcelona and Valencia in August
Barcelona/Valencia
In the first eight months of 2025, decreases of -1.6% and -0.3% respectively were recorded
In the June-August quarter, FedEx express courier revenues increased by +3.1%
Memphis
An average of 16.8 million express shipments were handled per day (+3.5%)
Breakthrough in the exploratory tunnel of the Brenner Base Tunnel
Milan/Rome
At 64 kilometers, it will be the longest underground railway connection in the world.
Tender launched for privatization of Croatian shipyard 3. MAJ Rijeka 1905
Zagreb
The starting bid is 6.66 million euros.
To decarbonize, shipping should join forces with other hard-to-abate sectors
London
This is highlighted by a report by Accelleron which believes that a critical mass of demand is necessary to overcome a stalemate phase.
COSCO Reassures Customers on Impact of New U.S. Tariffs on Chinese Vessels
Shanghai
We - the Chinese company assured - will maintain competitive freight rates and surcharges.
Shipping is still far from the target of 5-10% of fuel used coming from scalable, zero-emission sources by 2030
Copenhagen
The need to introduce incentives was underlined
Spain's Boluda acquires Transfesa's intermodal rail freight services.
Valencia
The agreement also includes industrial services, railway maintenance and shunting activities and intermodal terminals.
Til (MSC Group) to become a shareholder in Turkey's Petkim container port
Til (MSC Group) to become a shareholder in Turkey's Petkim container port
Baku
Agreement with the Azerbaijani oil group SOCAR
German and Austrian trailer manufacturers challenge EU regulation to reduce truck environmental impact
Berlin/Brussels
They denounce that its application leads to an increase in traffic volumes and therefore emissions.
The Venice Marghera station has been equipped with a track compliant with European TEN-T standards
Venice
A 740-meter freight track has been opened.
World Shipping Council introduces Cargo Safety Program to prevent ship fires
Washington
It is based on artificial intelligence and traditional goods inspections
Rheinmetall to enter naval shipbuilding sector by acquiring Naval Vessels Lürssen
Bremen
Lürssen Group to focus on megayacht production
The British government is investing half a billion pounds to reduce shipping emissions.
London
Private investments of 700 million expected
HMM signs new 10-year contract with Vale for iron ore transport
Seoul
It is worth around $310 million.
The Campania Port Authority reaches an agreement with UNIPORT and Assiterminal
Naples
The regional tax - highlights the port authority - risks undermining the competitiveness of ports
IAPH and WCO publish updated guidelines on cooperation between customs and port authorities
Tokyo/Brussels
Contributed by the World Shipping Council
ABB and Blykalla collaborate on nuclear marine propulsion
Stockholm
The agreement focuses on small modular fast reactors developed by the Swedish company
Saipem wins new offshore contract worth approximately $1.5 billion in Türkiye
Saipem wins new offshore contract worth approximately $1.5 billion in Türkiye
Milan
It is related to the third phase of the Sakarya gas field development project.
In the second quarter, freight traffic in the port of Civitavecchia grew by +5.7%
Civitavecchia
Record for cruise passengers this period
Uniport and Assiterminal oppose the additional fees demanded of port operators by the Campania Region.
Rome
Amount between 10% and 25% of the annual state fee
The first train from Belgium under the FS Logistix-Lineas agreement has arrived in Segrate.
Milan
Five return connections per week to Antwerp are scheduled
Modernization works are underway at the passenger terminal at the port of Igoumenitsa.
Naples
Grimaldi takes delivery of the PCTC "Grand Auckland"
Damage to submarine cables in the Red Sea
Portsmouth
According to the International Cable Protection Committee, the cause could be ship traffic
Dutch company Damen to build 24 naval vessels for British company Serco
Gorinchem/Amsterdam
Green light for a €270 million bridging loan to the shipbuilding company.
DP World to build and operate container terminal at Montreal's new Contrecœur port
Dubai/Montreal
It will become operational in 2030
Expansion work has begun at the Vienna South intermodal terminal.
Vienna
Annual traffic capacity expected to increase by 44%
In July, ship traffic in the Suez Canal increased by +0.8%
Cairo
In the first seven months of 2025, a decrease of -10.2% was recorded
In July, freight traffic in the ports of Genoa and Savona-Vado decreased by -3.0%
Genoa
The decline was limited by increased oil traffic in the Vado harbor. Ferry traffic dropped 9.9%.
Trump nominates Laura DiBella as chair of the Federal Maritime Commission.
Washington
The nomination of Robert Harvey as commissioner of the federal agency has also been forwarded to the Senate.
Genoa's new dam: a modification has been approved to allow for completion of work by the end of 2027.
Genoa
Phase A and Phase B works will be carried out rather than sequentially
Assiterminal, simplify and standardize dredging procedures to restore the operational competitiveness of ports.
Taranto Recommends: The Regasification Plant Would Promote the Port's Revitalization
Taranto
Melucci: a lifeline for the entire port system and for our city's economic growth.
Cargo and cruise traffic in eastern Sicily ports is on the rise
Catania
In the container segment, an increase of +27.9% was recorded
FS Logistix and Lineas form joint venture to manage the Antwerp Mainhub Terminal
Antwerp
Rail services between Antwerp and Milan expected to increase
Attack on a product tanker in the Red Sea
Southampton
A missile fell near the ship which suffered no damage
Sea trials have been completed for the new GNV Virgo ro-pax vessel.
Genoa
It will be GNV's first liquefied natural gas ship
In the first half of the year, Singamas' container sales decreased by -10%.
Hong Kong
The average selling price dropped by -3.8%
The new two-masted ro-ro ship Neoliner Origin will arrive in Livorno tomorrow.
Vado Ligure
It has a capacity of 1,200 linear meters of rolling stock
The refinancing of the Setramar group's capital structure has been completed.
Ravenna
Merli: a crucial step in our growth journey
Liguori's term as head of the Trieste Port Authority has been extended.
Rome
Confirmed in the role of extraordinary commissioner of the institution
Agreement to complete electrification work on the docks at the port of Gioia Tauro
Gioia Tauro
The 70 million euro investment to complete the project has been confirmed.
A Maersk delegation at the Grendi Group's container terminal in Cagliari's Porto Canale.
Milan
At the centre of the debate is the development of traffic towards North Africa
Port of Livorno: Protests over Gaza must not block operations.
Livorno
The members of the Partnership Body highlighted the need for it to be accessible to all vessels
Geodis appoints Maurizio Bortolan as CEO for Italy
Milan
It will coordinate the three business lines Contract Logistics, Freight Forwarding and Road Transport
GNV, agreement with Sicilian terminal operator Portitalia is positive.
Genoa
The company specified that the aim was exclusively to temporarily supplement the tariffs.
Two days of work with ESPO in Rome on the Mediterranean and European ports
Rome
Meetings organized by Assoporti
In 2024, 112 million counterfeit items were seized in the European Union.
Brussels
Record estimated value of 3.8 billion euros
Strikes and protests in ports, request for information from the Guarantor
Rome
Request for information from prefects, port authorities, and port authorities
Danaos Corporation has ordered two 7,165 TEU containerships from Dalian Shanhaiguan.
Athens
They will be taken into delivery in the third quarter of 2027
In the second quarter, freight traffic on the Austrian rail network fell by -1.4%.
Vienna
Only domestic traffic is growing
ALS (FBH Group) has acquired 80% of Trans World Shipping and Moda Express of USA.
Rozzano
The two companies have 500 employees and are active in Italy, France, the United Kingdom and the United States.
Circle's revenue increased by 62.1% in the first half of 2025
Milan
Net profit of over 1.0 million euros (+1.8%)
A Ukrainian delegation hosted by the Northern Tyrrhenian Sea Port Authority
Livorno
Cooperation in the field of training and safety at work in ports
The EIB is financing Phase A of Genoa's new breakwater with €300 million.
Luxembourg
The total investment is 937 million euros
This summer, GNV ships carried 1.7 million passengers (+9%)
Valencia
In the next few days the company will take delivery of "GNV Virgo", the first LNG-powered vessel
The project for the expansion, safety improvements, and extraordinary maintenance of the port of Pozzallo has been presented.
Pozzallo
It provides for the construction of the breakwater arm
Fincantieri delivers the new Star Princess cruise ship to Princess Cruises
Monfalcone
It has a gross tonnage of 177,800 tons and a capacity of 4,300 passengers.
A seminar on the new law on interports will be held in Milan on October 2nd.
Milan
It is organized by the Chamber of Commerce of Padua
Filt Cgil calls on port administrators and businesses to join the action against the Palestinian massacre.
Rome
This burden – the union highlighted – cannot be placed solely on the shoulders of dock workers.
The agreement between the Italian Merchant Marine Academy Foundation and the NATO Center in La Spezia has been renewed.
Genoa
The collaboration signed in 2023 has been confirmed
Fischer & Rechsteiner and Gimax International acquire BCUBE's Freight Forwarding business.
Genoa
The completion of the transaction is expected in the next few days
Fermerci outlines a dramatic scenario for the European rail freight transport sector
Rome
Rizzi: There is a real risk of a shift towards exclusively road transport.
Eni completes the sale of a 30% stake in the Baleine project in Ivory Coast to Vitol.
San Donato Milanese
The field was discovered in 2021 and production started in 2023
Sogedim opens a new branch in Modena
Mesero
Initially, the activity will be dedicated exclusively to UK export traffic and will then extend to other European markets.
The new PCTC Grande Svezia has joined the Grimaldi Group's fleet.
Naples
It has a maximum capacity of 9,000 ceu
The Cagliari City Council approves its opinion on the Sardinian Ports Development Plan.
Cagliari
Green light unanimously
The railway sector contributes 1.4% of the European Union's GDP.
Brussels
Study commissioned by CER
In the port of Naples, the Coast Guard has detained the bulk carrier Tanais Dream.
Naples
Serious irregularities found on board
Agreement to accelerate the implementation of robotics in Fincantieri's production processes
Trieste
It was signed with the Friulian Idea Prototipi
Sergio Liardo is the new general commander of the Port Authority Corps - Coast Guard
Rome
He takes over from Admiral Nicola Carlone
DBA to supply new Terminal Operating System for Georgia's Batumi Port
Villorba
The project includes all phases of development, testing and operational testing
Attack on a ship in the Gulf of Aden
Portsmouth
The captain reported hearing an impact in the water and an explosion
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Danilo Ricci has been appointed managing director of Tarros Line.
La Spezia
He has held various positions in Italy and abroad within the group
Permanent discussion table between Confindustria Nautica and Federagenti
Genoa
This is provided for in an agreement signed today in Genoa
In the first half of 2025, cruise traffic in Italian ports grew by +6%
Venice
The twelfth edition of Italian Cruise Day will be held in Catania on October 24th.
SAL Heavy Lift buys two semi-submersible vessels from Pan Ocean
Hamburg
They were built in 2008 and 2012
30% of Sangritana Cargo will be acquired by the Marche-based company Transadriatico
The Eagle
The sale will be completed in the next few days
The eighth edition of "A Sea of Switzerland" will be held in Lugano on October 6th.
Lugano
Forum on economic and logistical integration between Ligurian ports, the Northwest manufacturing area, and Switzerland
DEME orders new cable-laying vessel from Singapore-based PaxOcean
Beveren-Kruibeke-Zwijndrecht
It will be built in the Chinese shipyard of Zhoushan
Assoporti will meet at RemTech EXPO 2025 to discuss the green transition in Italian ports.
Ferrara
The Smart Ports Award was awarded to three Port System Authorities
The first shipment of Syrian oil in 14 years arrives at the port of Trieste.
London
Part of the cargo - S&P Global Commodity Insights reports - was unloaded at the Sardinian terminal of Sarroch
In August, freight traffic in the port of Taranto grew by +20.3%
Taranto
The ferry "Drea" was also rejected by the Apulian port, where however it is temporarily stopped
Container traffic at the Port of Los Angeles remained stable in August.
Los Angeles
Volumes expected to decline in the remainder of 2025
Meeting between the port authorities of Jacksonville and Livorno
Livorno
Among the objectives, to start one or more direct services between the two ports
Italian State Railways and ENAC sign an agreement for the use of drones in infrastructure monitoring.
Rome
They will also be used to fly over sections of the railway and road network that would otherwise be difficult to monitor.
A.SPE.DO, the port of La Spezia is essential to ensuring employment, development, and a future for the local economy.
La Spezia
Landolfi: We cannot afford to underestimate its value.
The MIT meets with the heads of the Italian AdSPs
Rome
Meeting on the government's strategic vision for the sector and port reform
Yang Ming orders Hanwha Ocean Co. to build seven 15,880 TEU container ships
Keelung
They will be delivered between 2028 and 2029
Over 40 expressions of interest have been received for the development of the Ukrainian port of Chornomorsk.
Kiev
Today the first meeting of the tender commission
The first commercial ship is expected at the public dock in Largo Trattaroli in Ravenna.
Ravenna
The car carrier "AICC Huanghu" is coming soon
Container traffic at the Port of Long Beach decreased by 1.3% last month.
Long Beach
Empty containers are increasing. Full containers are decreasing.
Assiterminal's Terminal Road Show is starting
Genoa
Cognolato: We want to strengthen our ties with local communities and territories.
Assoporti, the Italian ports' cruise offerings presented at the Seatrade Europe fair.
Hamburg
Giampieri: We are leaders in the Mediterranean area and in Europe
Commander Claudio Tomei, USCLAC president from 2012 to 2024, has passed away.
Viareggio
His strong commitment to improving the working conditions of Italian seafarers
In the first quarter of 2025, cargo traffic in Greek ports grew by +1.4%
Piraeus
Passengers down by -1.1%
HD Hyundai Samho Orders Four New Container Ships
Seoul
Order worth approximately 468 million dollars
Trieste: Fraudulent bankruptcy in the shipbuilding sector
Trieste
Investigation into a company based in Palermo
Container traffic in the port of Hong Kong fell by 7.4% in August.
Hong Kong
In the first eight months of 2025 the decline was -3.8%
BigLift Shipping and CY Shipping order two additional heavy lift vessels
Amsterdam
Order placed at Chinese shipyard Jing Jiang Nanyang Shipbuilding Co.
Container traffic at the port of Singapore continued to decline in August
Singapore
Total volume of goods increased by +1.1%
The Charthage ferry was placed under administrative detention in the port of Genoa
Genoa
A Coast Guard inspection found numerous deficiencies
Disney Cruise Line's largest ship's debut delayed by three months
Lake Buena Vista
Construction delays force the maiden voyage to be postponed until March 10th.
Shell to supply liquefied biomethane to Hapag-Lloyd containerships
Hamburg
Agreement effective immediately
Andrea Zoratti has been appointed general manager of Hub Telematica
Genoa
The company is controlled by Assagenti and Spediporto
Jotun and Messina sign agreement to improve the environmental and commercial performance of ships.
Genoa
The "Jolly Rosa" vessel will use the Hull Skating Solutions solution
PSA Genova Pra' announces the hiring of 25 people dedicated to container handling.
Genoa
Ferrari: International markets have changed profoundly
CMA CGM will not apply surcharges for new US taxes on Chinese vessels and Chinese services
Marseille
The rates announced by the USTR in April will apply from October 14th.
South Korean HJ Shipbuilding wins orders for four 8,850 TEU containerships
Busan
Orders with a total value of approximately 461 million dollars
Conference: "Waiting and Delays in Road Transport: Logistics in Check"
Genoa
Organized by Trasportounito, it will be held on September 26th in Genoa
GNV has inaugurated a new office in Barcelona
Barcelona
The company currently has 52 employees throughout Spain.
Port of Trieste: EU funding for two new projects
Trieste
Resources with a total value of 1.7 million euros
Filt Cgil, the Flotilla incident is serious. Dockworkers are ready to mobilize.
Rome
Union announces action if aid is not allowed to reach Gaza
Stena Line to buy Latvian port operator Terrabalt
Gothenburg
It handles rolling stock, bulk cargo, and general cargo traffic in the port of Liepaja.
In the first eight months of 2025, container traffic in the port of Gioia Tauro grew by +10.6%
Gioia Tauro
2,912,943 TEUs were handled
Meyer Turku begins construction of Royal Caribbean's fourth "Icon"-class cruise ship
Miami/Turku
It will be delivered in 2027
More than one in ten maritime shipments has shortages
Washington
This is what a report by the World Shipping Council has revealed, highlighting the safety risks
Last July, traffic in the port of Ravenna increased by +3.8%
Ravenna
In the first seven months of 2025, growth was +5.4%
In the first quarter of 2025, freight traffic in Belgian ports fell by -3.2%.
Brussels
Landings down 1.3% and embarkations down 5.4%
Product tanker High Fidelity rescues 38 migrants on a drifting dinghy
Rome
Intervention in the south of the island of Crete
GES and RINA sign agreement to develop a prototype of a new hydrogen battery
Rovereto/Genoa
PSA's second phase of container terminal at Mumbai Port inaugurated
Singapore
Annual traffic capacity will increase to 4.8 million TEUs
The conference "EU ETS - Perspectives and Opportunities for Decarbonization in the Maritime Sector" will be held in Palermo.
Rome
It will be held on September 18th and 19th
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
A seminar on the new law on interports will be held in Milan on October 2nd.
Milan
It is organized by the Chamber of Commerce of Padua
The eighth edition of "A Sea of Switzerland" will be held in Lugano on October 6th.
Lugano
››› Meetings File
PRESS REVIEW
Korean Firms Reassess U.S. Investments After Mass Immigration Raid
(The Korea Bizwire)
Russia's infrastructure development plan aims to build 17 marine terminals by 2036
(Interfax)
››› Press Review File
FORUM of Shipping
and Logistics
Intervento del presidente Tomaso Cognolato
Roma, 19 giugno 2025
››› File
Fincantieri and PGZ sign an agreement to support the modernization of the Polish Navy
Trieste
The third LSS section for Chantiers de l'Atlantique was launched in Castellammare di Stabia.
In the US, funding for wind energy development projects in ports is being cut.
Washington
Resources worth $679 million will be reallocated for port infrastructure upgrades
From January 1st, Kombiverkehr will operate the PKV intermodal terminal in the port of Duisburg.
Frankfurt am Main
It has a traffic capacity of approximately 200 thousand intermodal units per year.
Wallenius Marine and ABB form Overseas joint venture
Stockholm
The aim is to accelerate the launch of the platform of the same name for improving fleet performance.
The Ministry of Infrastructure and Transport has asked the Region to agree on the appointment of Bagalà as president of the Sardinian Port Authority.
Rome
He is currently the extraordinary commissioner of the same body
DHL eCommerce has acquired a minority stake in Saudi Arabia's AJEX Logistics Services.
Bonn/Riyadh
The Middle Eastern company has two thousand employees
CMPort's port terminals handled record container traffic in the second quarter
Hong Kong
In the first six months of 2025 the total was 78.8 million TEUs (+4.3%)
Confitarma approves the decree on advanced training for tanker seafarers.
Rome
Applause to the General Command of the Port Authority Corps
Quarterly freight traffic in Moroccan ports increases
Tangier/Casablanca
In Tanger Med the growth was +17%
The board of directors of the Genoa-based Ente Bacini has been renewed.
Genoa
President Alessandro Arvigo and CEO Maurizio Anselmo
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