The Regional Administrative Court has ordered the suspension of the limits sets up to the transits of the great cruise ships to Venice



Today the Regional administrative court for Veneto, with two decrees that we publish below, has received the resources proposed from Venice Reunited Passenger terminals (VTP), Bassani Spa and Rimorchiatori Panfido, with the participation of the Committee Cruise Venice and of some harbour enterprises, for the cancellation, advance suspension of the effectiveness, the decree of the Harbour office of Venice that limits in the 2014 transit in the Channel of the Giudecca of fleeting ships of advanced tonnage to 40.000 tons and prohibits in the 2015 transit in the Channel of San Marco and the Channel of the Giudecca of fleeting ships of tonnage advanced to 96.000 tons. The decrees of the Regional Administrative Court establish the suspension of such limits, that they had been fixed from the Harbour-office in performance of I decree Clini-Passera ( on 5 November 2013), until the audiences for the discourse of merit of the fixed resources for next the 12 june.

Commenting the decisions of the magistrates of the center of Venice of the Regional administrative court, the Harbour Authority of Venice has emphasized that "the decision of the Regional Administrative Court cannot, neither must, absolutely to enjoy oneself to us, or worse to stop, from wanting to find and to realize within the 2016 water way alternative to us in order to reach the Marine one and to obviate to the passage in front of S. Marco. The government, also on suggestion of the Senate - he has remembered the harbour agency - has given 120 days of time in order to estimate Twisted Sant'Angelo or its alternative ( on February 6, 2014, ndr). If the decision will be taken within these terms, and we do not have reason to doubt of - it has found the authority harbour - the today's sentence will come in the facts positively exceeded from the solution that will put with the safeguard of San Marco and that of the Venetian crocieristica excellence".

N. 00178/2014 REG.PROV.CAU.

N. 00146/2014 REG.RIC.

ITALIAN REPUBLIC
The Regional administrative court for Veneto
(Section Before)

it has pronounced anticipates
DECREE
DECREE

on the resource number of general registry 146 of 2014, proposed they give:

Venice S.p.A. Passenger terminal, represented and defended from the avv. Giuseppe Scuglia, M. Francesco Curato, Vittorio Domenichelli, with address which elected near Francesco M. Curato in Venice, Rome Large square, 468/B;
against
against

Ministry of Infrastructures and the Transports, Prime Minister's Office, represented and defended for law from the Distrett Legal profession. State, domiciled in Venice, San Marco, 63; Ambient ministry and of the Protection of the Sea, Venice Harbour office;
regarding
regarding

Harbour authority of Venice, Magistrate of Waters of Venice, Defended Ministry;
and with the participation of
and with the participation of

to opponendum:
Municipality of Venice, represented and defended for law from the avv. Antonio Iannotta, Giulio Gidoni, Marzia Masetto, domiciled in Venice, S. Marco, 4091;
for the cancellation
advance suspension of the effectiveness,
for the cancellation
advance suspension of the effectiveness,

of the decree of the Harbour office of Venice n. 153/2013 to object, in pretension execution of art. the 3 of the D.M n. 79/2013, the limitation of the transit in the channel of the Giudecca of fleeting ships of advanced tonnage to 40.000 GT (for year 2014); let alone the prohibition for year 2015 of the transit in the Channel of San Marco and the Channel of the Giudecca of advanced fleeting ships of tonnage to 96.000 GT; of the directives of the Minister of Infrastructures and the Transports of the 20.11.2013 to the Harbour office having to object the adoption of the measures of mitigation for transient period 2014 and 2015; let alone of every annexed, connected or presupposed action.

Seen the resource and relative the attached ones;
Seen the certificates of incorporation in judgment of Ministry of Infrastructures and the Transports and of Prime Minister's Office;
Seen the question of suspension of the execution of the appealled provisions, introduced in incident way from the recurrent part;
Seen art. the 55 cod. proc. amm.;
Visas all the actions of the cause;
Considered own jurisdiction and competence;
Reporter in the Council Chamber of the day 13 March 2014 dott.ssa Silvia Coppari and hearings for the parts the defenders as specified in the minutes;

The College finds that the decree n. 153/2013 of the Harbour office of Venice have had that "the maximum number of transits in the Channel of San Marco and the Channel of the Giudecca of fleeting ships of advanced tonnage to 40.000 GT is established, for year 2014, in 708 transits" (art. 1) and that "for year 2015, the transit in the Channel of San Marco and the Channel of the Giudecca to fleeting ships of advanced tonnage to 96.000 GT is prohibited" (art. 3).

Such limitations, although formally previewed for giving I keep on how much having from Interdepartmental Decreto n. 79/2012, turn out established in absence of the specific foundation demanded for the relative adoption, from the moment that the operativity of the no thoroughfare in the Channel of San Marco and the Channel of the Giudecca of the ships used after the transport of goods and advanced passengers to 40.000 tons of tonnage (of which to art. the 2, codicil 1, letter b) of the cited D.M n.79/2012) there it is express subordinated to the availability of practicable ways of navigation alternatives to those prohibited, as characterized from the marine Authority with own provision (art. so the 3, codicil 1, of the cited D.M., moreover devoid of concrete guidelines).

The measures under investigation are set consequently in contrast with the specific principle of gradualness enunciated from the D.M n.79/2012, based on which the interdiction of the transit can be allowed only beginning from the moment of the effective availability of a way alternative, with this substantially anticipating that prohibition that instead, would have had to be preceded from opportune, necessary precautionary measures, to adopt itself "waiting for such availability", to the aim "to mitigate the risks connected to the transitory regime, pursuing the maximum level of protection of the lagoon atmosphere".

To this it must join that the decree de does not appear here supported from an adapted activity preliminary preliminary investigation, time to the identification of the risks connected to the traffics in channels in question and to the transits of the ships with advanced tonnage to 40.000 tons, not being able itself to evincere from the provision, an exhausting weighting neither of the foundations to all purposes and effects, neither of the specific risk assessments, tasks to foundation of "the mitigatorie" measures under investigation.

Such deficiency, besides to realize a motivation defect, also does not allow to estimate the suitability fully the rationality and the congruence of the restrictive measures in practice adopted, which moreover form object of disputes of opposite sign, ascribable to the recurrent one and the Municipality of Venice, in substantially specular way, as both convergent in the demand for cancellation of the appealled provisions (and this to prescind from any consideration in order to admissibility of the participation to opponendum of the Municipality), and times to demonstrate some, for a back, the disproportion regarding the protection objectives and safeguard of the lagoon atmosphere and, for the other, instead, the absolute insufficiency regarding the same objective.

Of the pairs it must find, with particular evidence, that the same Directives of the Minister of Infrastructures and the Transports of the 20.11.2013 to the Harbour office, having to object the adoption of the measures of mitigation for transient period 2014 and 2015, appear vitiated from the same defects of evidenced genericità and open-endedness over with regard to the decree n. 153/2013, from the ché derive the current critic situation of deficiency of punctual and suitable dispositions to contemperare, rationally, all the involved interests.
P.Q.M.
P.Q.M.

The Regional administrative court for Veneto (Section Before) Receives the proposed precautionary question and for the effect:
a) it suspends all the actions appealled until the date of discourse of the merit;
b) fixed for the discourse of merit of the resource the public audience on June 12, 2014.
It compensates the expenses of anticipates precautionary phase.
Decree anticipates will be executed by the Administration and is deposited near the secretariat of the court who provvederà to giving of communication to the parts.

So decided in Venice in the Council Chamber of the day 13 March 2014 with the participation of the magistrates:
Bruno Amoroso, President
Silvia Coppari, Legal secretary, Drafter
Enrico Mattei, Legal secretary

THE DRAFTER

THE PRESIDENT

DEPOSITED IN SECRETARIAT The 17/03/2014 THE SECRETARY (Art. 89, Co. 3, cod. proc. amm.)
DEPOSITED IN SECRETARIAT
The 17/03/2014
THE SECRETARY
(Art. 89, Co. 3, cod. proc. amm.)

N. 00179/2014 REG.PROV.CAU.
N. 00171/2014 REG.RIC.

ITALIAN REPUBLIC
The Regional administrative court for Veneto
(Section Before)

it has pronounced anticipates
DECREE
DECREE

on the resource number of general registry 171 of 2014, proposed they give:

Bassani S.p.A., in person of the legal representative pro tempore,

Reunited Panfido, in person of the legal representative pro tempore, represented tugs and defended from lawyer Roberto Longanesi Cattani, with address which elected near Roberto Longanesi Cattani in Venice, Rome Large square, 466/B;
against
against

Ministry of Infrastructures and the Transports, Prime Minister's Office, in person of the respective lawyers representatives pro tempore, represented and defended for law from the Legal profession Distr.le Venice, domiciled in Venice, San Marco, 63;
Ministry of the Atmosphere, the Territory and the Protection of the Sea,
Harbour office of Venice,
Magistrate of Waters of Venice;
regarding
regarding

Harbour authority of Venice;
and with the participation of
and with the participation of

to adiuvandum:
Committee Cruise Venice, Group Ormeggiatori Porto Venice Associates, Coop. Venice Ho.St. Rl, Conepo Services Associates Coop. Arl, Tositti & Cambiaso - Risso Srl, Guards To the Fires Porto Venice - Associates Coop. Pa, Venice Shipping Services Srl, in person of the respective lawyers representatives pro tempore, represented and defended from lawyer Roberto Longanesi Cattani, with address which elected near Roberto Longanesi Cattani in Venice, Rome Large square, 466/B;
for the cancellation
advance suspension of the effectiveness,
for the cancellation
advance suspension of the effectiveness,

of the decree of the Harbour office of Venice n. 153/2013 to object, in pretension execution of art. the 3 of the D.M n. 79/2012, the limitation of the transit in the channel of the Giudecca of fleeting ships of advanced tonnage to 40.000 GT for year 2014;

let alone the prohibition for year 2015 of the transit in the Channel of San Marco and the Channel of the Giudecca of advanced fleeting ships of tonnage to 96.000 GT;

of the directives of the Minister of Infrastructures and Transports of the 20.11.2013 to the Harbour office having to object the adoption of the measures of mitigation for transient period 2014 and 2015; let alone of every annexed, connected or presupposed action.

Seen the resource and relative the attached ones;
Seen the certificates of incorporation in judgment of Ministry of Infrastructures and the Transports and of Prime Minister's Office;
Seen the question of suspension of the execution of the appealled provisions, introduced in incident way from the recurrent part;
Seen art. the 55 cod. proc. amm.;
Visas all the actions of the cause;
Considered own jurisdiction and competence;
Reporter in the Council Chamber of the day 13 March 2014 dott.ssa Silvia Coppari and hearings for the parts the defenders as specified in the minutes;

The College finds that the decree n. 153/2013 of the Harbour office of Venice have had that “the maximum number of transits in the Channel of San Marco and the Channel of the Giudecca of fleeting ships of advanced tonnage to 40.000 GT is established, for year 2014, in 708 transits” (art. 1) and that “for year 2015, the transit in the Channel of San Marco and the Channel of the Giudecca to fleeting ships of advanced tonnage to 96.000 GT is prohibited” (art. 3).

Such limitations, although formally previewed for giving I keep on how much having from Interdepartmental Decreto n. 79/2012, turn out established in absence of the specific foundation demanded for the relative adoption, from the moment that the operativity of the no thoroughfare in the Channel of San Marco and the Channel of the Giudecca of the ships used after the transport of goods and advanced passengers to 40.000 tons of tonnage (of which to art. the 2, codicil 1, letter b) of the cited D.M n.79/2012) there it is express subordinated to the availability of practicable ways of navigation alternatives to those prohibited, as characterized from the marine Authority with own provision (art. so the 3, codicil 1, of the cited D.M.).

The measures under investigation are set consequently in contrast with the specific principle of gradualness enunciated from the D.M n.79/2012, based on which the interdiction of the transit can be allowed only beginning from the moment of the effective availability of a way alternative, with this substantially anticipating that prohibition that instead, would have had to be preceded from opportune, necessary precautionary measures, to adopt itself “waiting for such availability”, to the aim “to mitigate the risks connected to the transitory regime, pursuing the maximum level of protection of the lagoon atmosphere”.

To this it must join that the decree de does not appear here supported from an adapted activity preliminary preliminary investigation, time to the identification of the risks connected to the traffics in the channels in question and to the transits of the ships with advanced tonnage to 40.000 tons, not being able itself to evincere from the provision, an exhausting weighting neither of the foundations to all purposes and effects, neither of the specific risk assessments, tasks to foundation of “the mitigatorie” measures under investigation.

Such deficiency, besides to realize a motivation defect, also does not allow to estimate the suitability fully the rationality and the congruence of the restrictive measures in practice adopted.

Of the pairs it must find, with particular evidence, that the same Directives of the Minister of Infrastructures and the Transports of the 20.11.2013 to the Harbour office, having to object the adoption of the measures of mitigation for transient period 2014 and 2015, appear vitiated from the same defects of evidenced genericità and open-endedness over with regard to the decree n. 153/2013, from the ché derive the current critic situation of deficiency of punctual and suitable dispositions to contemperare, rationally, all the involved interests.
P.Q.M.
P.Q.M.

The Regional administrative court for Veneto (Section Before), receives the proposed precautionary question and for the effect
a) it suspends all the actions appealled until the date of discourse of the merit;
b) fixed for the discourse of merit of the resource the public audience on June 12, 2014.
It compensates the expenses of anticipates precautionary phase.
Decree anticipates will be executed by the Administration and is deposited near the secretariat of the court who provvederà to giving of communication to the parts.

So decided in Venice in the Council Chamber of the day 13 March 2014 with the participation of the magistrates:
Bruno Amoroso, President
Silvia Coppari, Legal secretary, Drafter
Enrico Mattei, Legal secretary

THE DRAFTER

THE PRESIDENT


DEPOSITED IN SECRETARIAT
The 17/03/2014
THE SECRETARY
(Art. 89, Co. 3, cod. proc. amm.)