Satisfaction of Assagenti and Spediporto for the sentence that reaffirmation legitimacy of the agreements on the fixed rights



The presidents of the associations of the shipping agents and the shippers of Genoa have received with satisfaction the pronunciamento yesterday of the Council of State that, rejecting the resource introduced from the Guarantor Authority of the Competition and of Market (AGCM), have definitively put the word fine to the judicial event on the fixed rights that they give four years has seen involved, besides two trade associations, also 15 marine agencies, endorsed for a total million amount four euro ( on 17 April 2014).

"The sentence of the Regional Administrative Court of the Latium - the president of Assagenti has remembered, Gian Enzo Duci - had left very little doubts on legitimacy of the agreements in question, receiving all the motivations introduced from our defence lawyers and reproaching the AGCM to have "deliberately confused a proposal of agreement with an acquired result… to the single scope to color of illiceità a fattispecie that, otherwise, would have been completely insignificant to the aims of the right of the competition". Us therefore a thesis of lesiva understanding of the competition also in Council of State has left the decision abashed to stick at getting ahead, with the aggravating circumstance of the useless expenses that the Legal profession of State and our companies have had to support in order to defend itself in the second degree also, expenses that, moreover, for the relative innovation of the issue, the Administrative court of the Latium has established as compensated".

"Justice is made! ", it has agreed Giampaolo Botta, general manager of Spediporto. "They have been years - it has emphasized - of long and laborious battles stiff lawyers to take apart what the theorem of the absurdity could be defined "", but the sentence of the Regional Administrative Court of the Latium before and now pronounces it of the Council of State rejects an accusatory system definitively, that which set foot in from the Antitrsut, yields of a stiff superficial preliminary investigation to confirm, without having them deepens and verified, the confessions of Maersk Italy (the marine agency of the homonymous Danish group that had introduced forgiveness question, it had collaborated with the Antitrust and was exempted by the endorsement, ndr). The Regional Administrative Court of the Latium - Blow has restated - already had been clearest in matter, after to have groundbreaking with care every aspect and detail of the event it had laconicamente asserted that "no restrictive understanding of the competition has come true". We are many satisfying of the job lead from the administrative law, than it has been engaged to study and to understand the complexities of our field".

Also not being still notes the motivations to running of the pronounced device of sentence yesterday from the Council of State, that they will be published in a second time, according to Assagenti and Spediporto is probable that the arguments which got ahead from the REGIONAL ADMINISTRATIVE COURT of the Latium will be confirmed last January that - has remembered the two associations - "they refused the thesis of the horizontal agreement, that is stipulated between concurrent companies (marine agencies), that they operate to the same level of the productive or distributive chain, recognizing the vertical nature of the understanding, because agreed between two subjects (trade associations) that they operate to a different level. The Administrative court - Assagenti and Spediporto have still remembered - had moreover marked the absence of an important market, being the valid agreement only in within genoese, and assessed that the fixed right completely represents a negligible member on the cost total of the transport, besides to refute the reasoning of secrecy of the agreement supported from the AGCM".