testata inforMARE
Cerca
28 April 2025 - Year XXIX
Independent journal on economy and transport policy
15:54 GMT+2
LinnkedInTwitterFacebook
This page has been automatically translated by
Original news
the Law court of the EU has confirmed the regularity of the nomination of Haralambides to president of the Harbour Authority of Brindisi
"article 45, paragraph 4, TFUE - the sentence explains - must be interpreted in the sense that does not allow with a Member States to reserve to own citizens the exercise of the functions of president of a Harbour Authority"
September 11, 2014

The Law court of the European Union, pronouncing itself with respect to the cause that opposes the Greek Hercules Haralambides against Calogero Casilli and in confronts of the ministry of Infrastructures and of the Transports and the harbour agency and the local governments of Brindisi, it has sentenziato that a foreign national can approach the charge of president of an Italian Harbour Authority.

Haralambides was named president of the Harbour Authority of Brindisi in 2011. Against such nomination the excluded competitor Calogero Casilli had introduced resorted asking the Regional administrative court of the Apulia to cancel it as Haralambides could not cover such assignment not being Italian national. In 2012 the REGIONAL ADMINISTRATIVE COURT had cancelled the nomination and successively the Council of State had decided to suspend the procedure and to put again to the Law court of the EU some prejudicial issues.

The sentence of the Court of Strasbourg, that we publish below, specific that "article 45, paragraphs from 1 to 3, TFUE sanctions the fundamental principle of the free circulation of the workers and the abolition of any discrimination, founded on the nationality, between the workers of the Member States. Article 45, paragraph 4, TFUE - the Court remembers - preview however that the dispositions of such article are not applicable to employ in Public Administration". The sentence continues specifying that "from the information communicated from the Italian government turns out that the powers of the president of a Harbour Authority constitute a marginal part of its activity, which in general terms anticipate a technical character and of economic management that cannot be modified from their exercise. Moreover, according to saying government, such same powers can be practised only in occasional way or exceptional circumstances. In such context, a general exclusion of the access of the citizens of other Member States to the charge of president of an Italian harbour authority constitutes a discrimination founded on the prohibited nationality from article 45, paragraphs from 1 to 3, TFUE. To light of the considerations that precede - the Court concludes - it is necessary to answer to the first issue declaring that, in circumstances as those of which to the main procedure, article 45, paragraph 4, TFUE it must be interpreted in the sense that does not allow with a Member States to reserve to own citizens the exercise of the functions of president of a Harbour Authority".


Law court of the European Union

Della Corte SENTENCE (Second Section)

10 september 2014 (*)

"Prejudicial dismissal - Free circulation of the workers - Article 45, paragraphs 1 and 4, TFUE - Notion of worker - Employs in Public Administration - Loaded with president of a harbour authority - Participation to the exercise of the publics powers - Requisitioned of the nationality"

In the C-270/13 cause,

having to object the question of pronounces prejudicial proposal to the Court, according to article 267 TFUE, from the Council of State (Italy), with decree of 8 January 2013, reached in papal chancery on May 17, 2013, in the proceedings

Iraklis Haralambidis

against

Calogero Casilli,

regarding:

Harbour authority of Brindisi,
Ministry of Infrastructures and the Transports,
Region Apulia,
Province of Brindisi,
Municipality of Brindisi,
Industry, Chamber of Commerce, Handicraft and Agriculture of Brindisi,

The COURT (Second Section),

composed from R. Silva de Lapuerta, president of section, J.L by Cruz Vilaça (reporter), G. Arestis, J. - C. Bonichot and To. Arabadjiev, judges,

general lawyer: N. Wahl
chancellor: To. Impellizzeri, administrator

seen the written phase of the procedure and as a result of the audience on March 26, 2014,

considered the introduced observations:

- for I. Haralambidis, from G. Giacomini, R. Damonte, G. Scuras and G. Demartini, lawyers;
- for C. Casilli, from Russian R., lawyer;
- for the Harbour Authority of Brindisi, from G. Giacomini and R. Damonte, lawyers;
- for the Italian government, from G. Palmieri, in quality of agent, assisted from Florentine S., lawyer of the State;
- for the Spanish government, from J. García-Valdecasas Dorrego, in quality of agent;
- for the government of the Low Countries, from B. Koopman and M. Bulterman, in quality of agents;
- for the EU commission, from G. Gattinara, D. Martin and H. Tserepa-Lacombe, in quality of agents,

felt the conclusions of the general lawyer, introduced to the audience on June 5, 2014,

it has pronounced the following one

Sentence

The 1 question of pronounces prejudicial concerns on the interpretation of article 45 TFUE, 49 TFUE, 51 TFUE, of directive 2006/123/CE of the European Parliament and the Council, on December 12, 2006 relative to the services in home market (GU L 376, p. 36), let alone of article 15 and 21, paragraph 2, of the Paper of the fundamental rights of the European Union (in prosieguo: the "Paper").

2 Such question is proposed within a controversy between the Mr. Haralambidis, Greek citizen, and the Mr. Casilli, with respect to the nomination of the Mr. Haralambidis to president of the Harbour Authority of Brindisi.


The Italian right

3 article 51 of the Italian Constitution arranges that "[t] utti the citizens of one or the other sex can approach the offices publics and the elective charges in equality conditions, second requirement established from the law" and that "[l] to law can, for the admission to the publics offices and to the elective charges, to parificare to the citizens the Italians not pertaining to the Republic".

4 From the dismissal decree it emerges that the expression "the Italians not pertaining to the Republic" indicates the citizens of Italian nationality abroad residents.

5 article 38, paragraphs 1 and 2, of I decree on March 30, 2001 legislative, n. 165, bringing general norms on the ordering of the job to the dependencies of the public administrations (ordinary supplement to the GURI n. 106 on May 9, 2001; in prosieguo: "I decree legislative n. 165/01"), so arrange:

"1. The citizens of the Member States of the European Union can approach the places of work near the public administrations that do not imply direct or indirect exercise of publics powers, that is do not concern to the protection of the national interest.

2. With I Prime Minister's decree of the Ministers (…) the places and the functions are characterized for which it cannot be prescinded from the possession of the Italian citizenship, let alone indispensable requirement to the access of the citizens of which to codicil 1".

6 I on February 7, 1994 Prime Minister's decree of the Ministers, n. 174, "Regulations bringing norms on the access of the citizens of the Member States of the European Union to the places of work near public administrations" (GURI n. 61 on March 15, 1994), designates to the places and the functions for which the Italian citizenship is demanded. Such I decree is adopted in application of I decree that it has preceded I decree legislative n. 165/01, that is I decree on February 3, 1993 legislative, n. 29 (GURI n. 30 on February 6, 1993), the whose editing did not introduce meaningful differences regarding I decree legislative n. 165/01.

7 article 1, paragraph 1, letter b), of I decree on February 7, 1994, n. 174, so preview:

"The places of the public administrations for the access to which it cannot be prescinded from the possession of the Italian citizenship are the following ones:

(…)

b) the places with functions of administrative summit of the peripheral structures of the public administrations of the State, also to independent ordering, of the not economic public bodies, the provinces and the municipalities let alone of the E regions the Bank of Italy".

8 From the dismissal decree it emerges that the harbour authority is a public organism, created from the law on January 28, 1994, n. 84, bringing I reorder of the legislation in harbour matter (ordinary supplement to the GURI n. 28 on February 4, 1994; in prosieguo: the "law n. 84/94").

9 article 6 of the law n. 84/94 so preview:

"1. In the ports of (…) Brindisi (…) the harbour authority with the following tasks is instituted (…):

a) address, programming, coordination, promotion and control of the harbour operations (…) and of exercised commercial and industrial other asset in the ports, with powers of regulation and decree, also in reference to safety regarding risks of incidents connected to such activities and to the conditions of hygiene of the job (…);

b) ordinary and extraordinary maintenance of the common parts in the harbour within (…);

c) confidence and control of the activities directed to the supply under onerous title to the harbour users of services of general interest, not coinciding neither closely connected to the harbour operations (…) characterized with I decree of the Minister of the transports and navigation.

2. The harbour authority has by right public legal personality and is equipped of administrative autonomy except how much having from article 12, let alone of autonomy budgetary and financial institution in the limits previewed from law anticipates. To it the dispositions are not applied of which to the law 20 March 1975, n. 70, and next modifications, let alone the 3 dispositions of which to I decree legislative February 1993, n. 29, and next modifications and integrations, made exception for how much specifically previewed from codicil 2 of article 23 of law anticipates.

3. The patrimonial management and financial institution of the harbour authority are disciplined by regulations of accounting approved of from the Minister of the transports and navigation, together with the Minister of the treasure. The consuntivo account of the harbour authorities is attached to the state of forecast of the navigation and Ministry of Transportation for the next exercise to that in which the same one is approved of.

4. The statement of the management financial institution of the harbour authority is subject to the control of the State Audit Court.

(…)”.

10 article 7 of the law n. 84/94 so arrange:

“(…)

2. The emolument of the president (…) they are at the expense of the budget of the authority and are determined by the committee within the established maximum limits (…) with I decree of the Minister of the transports and navigation (…).

3. With I decree of the Minister of the transports and of navigation they are arranged the revocation of the mandate of the president and the issolution of the harbour committee in case:

a) passed the term of which to article 9, codicil 3, letter a), the triennial operations plan is not approved of in the next term of thirty days;

(…)

c) the consuntivo account evidences a deficit.

(...)”.

11 article 8 of the law n. 84/94 are written up in the following terms:

“1. The president is named, advance understanding with the interested Region, with decrees of the Minister of the transports and navigation, within a tern of experts of maximum and proven professional qualification in the fields of the economy of the transports and harbour (…).

(...)

2. The president has the representation of the harbour authority, remains in charge four years and can be reconfirmed a single time. (…)

(...)

3. The president of the harbour authority:

a) the harbour committee presides;

b) it subjects the harbour committee, for the approval, the triennial operations plan;

c) it subjects the harbour committee, for the adoption, the harbour town development plan;

d) the pre-emptive budget subjects to the harbour committee the outlines of regarding deliberations and the relative variations, the consuntivo account and the treatment of the general secretary, let alone the recepimento of relative the contractual agreements to the staff of the technical-operating secretariat;

e) it proposes to the harbour committee the outlines of regarding deliberations the concessions of which to article 6, codicil 5;

f) it supplies to the coordination of the activities carried out in the port from Public Administration, let alone to the coordination and the control of the activities subject to authorization and concession, and of the harbour services; (…)

(...)

h) it administers the areas and the assets of the marine Federal property comprised in the within of the territorial administrative division of which to article 6, codicil 7, on the base of the dispositions of law in matter, exercising, felt the harbour committee, the attributions established in articles from 36 to 55 and 68 of the navigation code and in the relative norms of performance;

i) it exercises the competences attributed to the harbour authority from article 16 and 18 and releases, felt the harbour committee, the authorizations and the concessions of which to same articles when these have lasted not advanced to four years, determining the amount of the relative canons (…);

l) it promotes the institution of the association of the harbour job (…);

m) it assures the navigability in the harbour within (…). To the aims of the participations of excavation and maintenance of the backdrops it can call, assuming of the presidency, a conference of services with the interested administrations to conclude itself in the term of sixty days. In the indifferibili cases of necessity and urgency it can adopt provisions of coactive character (…);

n) it exercises the tasks of proposal in matter of marking out of the bonded areas, felt the marine authority and the interested local governments;

n-second) other competence exercises every that is not attributed by anticipates law to the other organs of the harbour authority”.

12 According to article 12 of the law n. 84/94, rubricato “Vigilance on the harbour authority”:

“1. The harbour authority is subordinate to the vigilance of the Minister of the transports and navigation.

2. The deliberations of the relative president and the harbour committee are subordinates to the approval of the vigilance authority:

a) to the approval of the forecast budget, of eventual notes of variation and the consuntivo account;

b) to the determination of the organic one of the technical-operating secretariat;

(…)”.

13 article 18 of the law n. 84/94, to which ago dismissal article 8, codicil 3, letter i), of this same law, has to object the “concession of areas and docks” and previews that it is up to the harbour authority to attribute to such concessions to the enterprises for the accomplishment of harbour operations and/or the supply of harbour services. Such article previews moreover that the realization and the management of works relating to the marine and harbour activities are subordinated to concession of the harbour authority also to carry out inside of the port.

14 From the answer of the Italian government to the written questions places from the Court turn out that the president of the harbour authority is the qualified administrative authority to exercise the previewed functions from article 54 of the navigation code, approved of with the regal one decrees on March 30, 1942, n. 327, dawned to the law on March 7, 2001, n. 51, that is to emit an administrative provision with which to enjoin to who it occupies areas of the marine Federal property illicit, situated in the harbour within, to restore the state of the places, with faculty, in implementation defect, to supply compulsory placing the expenses at the expense of the interested one.


Main procedure and prejudicial issues

15 On April 6, 2010, expiration date of the mandate of the president of the Harbour Authority of Brindisi, is started the procedure for the nomination of a new president by the minister of Infrastructures and the Transports (already minister of the Transports and Navigation; in prosieguo: the “minister”).

16 Within such procedure the Province of Brindisi, the Municipality of Brindisi and the Industry, Chamber of Commerce, Handicraft and Agriculture of Brindisi have designated everyone, in compliance with article 8, codicil 1, of the law n. 84/94, a tern of experts in the fields of the economy of the transports and harbour, between which the Mr. Haralambidis and the Mr. Casilli.

17 With I decree on June 7, 2011 the minister has named the Mr. Haralambidis president of the harbour authority of Brindisi.

18 the Mr. Casilli has proposed rerun dinanzi to the Regional administrative court for the Apulia asking the cancellation for such decrees. To foundation of its resource the Mr. Casilli supported that the Mr. Haralambidis could not be named president of such authority since it did not possess the Italian citizenship.

19 As a result of the acceptation of the resource on the foundation of article 51 of the Italian Constitution, the Mr. Haralambidis has interposed appeal dinanzi to the judge of the dismissal.

20 In the dismissal decree the Council of State observes that in Italian right the issue of the legal qualification of the harbour authorities is many times over mail until from the moment of their institution and that in the jurisprudence - also in that of the Council of State - these last ones are characterized as “economic public bodies” or “public bodies”.

21 To such purpose the judge of the precise dismissal that the configuration of the legal nature of the harbour authority assumes relief in so far as to its presidency is named a natural person of not Italian citizenship, considering that, in the hypothesis in which to such harbour authority nature of economic public body had to be recognized that acts by right in private regime, could not set obstacles of kind to such nomination. On the other hand, if to the same authority public body nature had to be recognized who institutionally work in by right public regime, and that therefore connotes of full authority which “Public Administration”, the solution would turn out various.

22 Orbene, according to the judge of the dismissal, is undeniable that the competences of the president of a harbour authority, previewed which to article 8, codicil 3, of the law n. 84/94, have pubblicistica nature. The same specific judge who said president must assure the navigability of the harbour zone, manage the harbour town development plan and elaborate the triennial operations plan.

23 Moreover, the Council of State finds that the activity of the president of a harbour authority does not appear configurabile which relationship of job subordinated to the dependencies of an administration, but which assumption of a conferred fiduciary assignment from the governmental authority of the Italian, temporary limited State and to carry out as president of a legal person led back from the right of the Union a by right public organism.

24 In such context, the Council of State has decided to suspend the procedure and to subject to the Court the following prejudicial issues:

“1) Appearing inconferente to the species case [nomination of a citizen of other Member States of the European Union to President of a Harbour Authority, qualificabile legal person as by right public organism] the exclusion arranged from art. the 45 TFUE § the 4, as regarding (...) working hypotheses subordinated with Public Administration (if [...] under investigation not subsistent) and - nevertheless - being however the fiduciary assignment of President of the Harbour Authority [of riguardabile Brindisi] which “job activity” broadly speaking, (...) if the clause of reserve for the accomplishment of the same assignment in favor of the single Italian nationals sostanzi - or less - a discrimination on the nationality prohibited from the art. 45 same.

2) [S] and the acquitted assignment which President of an Italian Harbour Authority by the citizen of other Member States of the European Union can - otherwise - shape himself as re-entering in the plant right of which to art. the 49 and ss. TFUE and if, in this case, the by right internal prohibition to the performance of the same assignment by not the Italian national sostanzi - or less - a discrimination founded on the nationality, that is if such circumstance can be deemed excluded from above-mentioned art. the 51 TFUE.

3) [S] and the acquitted assignment which President of an Italian Harbour Authority by the citizen of other Member States of the uropea Union [and] can - about to subordine - shape which performance of “service”, [to] the senses of directive 2006/123/CE, if the exclusion [of] the application of the same directive to the harbour services less finds or also to the aims that interest here and - where this was not - if the by right internal prohibition to the performance of the same assignment sostanzi - or less - a discrimination founded on the nationality.

4) [The] n via of extreme subordine (...) if the acquitted assignment which President of an Italian Harbour Authority by the citizen of other Member States of where which deemed the European Union, not inquadrabile in suesposte the forecasts, can - however - be regarded in via more general, [to] the senses of art. the 15 of [the Paper], which prerogative re-entering in the right of the communitarian citizen “to work, to settle or lend services in any Member States”, also to prescind from the specific contained dispositions “of field” in the articles. 45 and 49 and ss. TFUE, let alone in relative directive 2006/123/CE to the services in the home market, and if, therefore, the by right internal prohibition to the performance of the same assignment contrasts - or less - with equally the general prohibition of discrimination based on the citizenship contemplated from art. the 21, codicil 2, of foretold [the Paper]”.


On the prejudicial issues

On the first issue

25 With the first issue the judge of the dismissal asks in short if, if article 45, paragraph 4, TFUE are applicable to a situation as that of which to the main procedure, such disposition must be interpreted in the sense that does not allow with a Member States to reserve to own citizens the exercise of the functions of president of a harbour authority.

On the notion of “worker” according to article 45, paragraph 1, TFUE

26 In via preliminary matter it is necessary to find that from the decree of dismissal, and in particular from the literal tenor of the first issue, it emerges that the judge of the dismissal nutre doubts on the nature of the activity exercised from the president of a harbour authority. According to saying judge, such activity according to does not appear configurabile which relationship of job subordinate of article 45 TFUE.

27 To such purpose it is necessary to remember that the notion of “worker” according to article 45 TFUE has independent capacity own of the right of the Union and it does not go interpreted (v restrictively., in particular, sentence Commission/Low Countries, C 542/09, EU: C: 2012:346, point 68).

28 Therefore, it must be qualified as “working” according to article 45 TFUE anyone carries out real and effective activities, to exclusion of activities so reduced to set itself as pure marginal and accessory. The characteristic of the job relationship is given, second the jurisprudence of the Court, from the circumstance that a person supplies for a sure period of time, in favor of another and under the direction of this last one, performances in counterpart of which receive one salary and wage (v. Lawrie-Blum sentences, 66/85, EU: C: 1986:284, point 17, and Petersen, C 544/11, EU: C: 2013:124, point 30).

29 it achieves some that the subordination relationship and the payment of a salary and wage forms the constituent elements of any relationship of employment, provided that the professional activity in question you anticipate a real and effective character.

30 As for the subordination relationship, from the law n. 84/94 turn out that the minister has of directive powers and control let alone, if of the case, of endorsement in he confronts of the president of a harbour authority.

31 In fact, the minister nomination the president of such a authority for a renewable mandate four-year-old a single time (article 8, codicils 1 and 2, of the law n. 84/94) and can revoke it if the relative triennial operations plan to the management of the port is not approved of and if the consuntivo account evidences a deficit, that is in case of bad management financial institution [article 7, codicil 3, letters a) and c), of the law n. 84/94]. From the answer of the Italian government to the written questions places from the Court also emerge that the minister can arrange the “revocation” of the president of a harbour authority “in the cases in which not insignificant irregularities are found, under the managerial profile, such to determine prejudice for the correct management of the agency. Moreover, the cases can involve the revocation of the assignment in which the behavior of the president it is not in compliance with the principles of loyalty and mutual collaboration”.

32 the minister exercises moreover vigilance powers as he approves of the deliberations of the president of relative the harbour authority, in particular, to the approval of the budget of forecast, eventual notes of variation and the consuntivo account, let alone to the determination of organic of the technical-operating secretariat [article 12, codicil 2, letters a) and b), of the law n. 84/94].

33 On the other hand, as observed from the general lawyer to paragraph 32 of its conclusions, the place of president of a harbour authority typically does not possess the characteristics associated to the functions of an independent supplier of services, that is a greater flexibility with regard to the choice of the type of job and the tasks to carry out, to the way in which such job or such tasks must be carried out let alone to the timetable and the place of job, and a greater freedom in the selection of own collaborators.

34 it achieves some that the activities of the president of a harbour authority are exercised under the direction and the control of the minister and, therefore, within a subordination relationship, according to the jurisprudence cited to point 28 of anticipates sentence.

35 As for the emolument of the president of a harbour authority, from the answer of the Italian government to the written questions places from the Court turn out that it is defined by decrees on March 31, 2003 of the minister. According to saying I decree, such emolument is determined based on the previewed fundamental economic treatment for the general leaders of the ministry. It is therefore fixed with reference to that of a high civil employee of Public Administration.

36 Such emolument is poured to the president of a harbour authority as fee for the development of the tasks that are entrusted to it by the law. It anticipates therefore the characteristics of prevedibilità and regularities inborn in a job relationship subordinate.

37 Occorre last to find that, as emerges from the dismissal decree, in the proceedings main the real and effective character of the functions exercised from the president of a harbour authority is not contested (v. Lawrie-Blum sentence, EU: C: 1986:284, point 21, last phrase).

38 he must himself therefore be declared that, in circumstances as those of which to the main procedure, the president of a harbour authority must be considered a worker according to article 45, paragraph 1, TFUE.

39 Such conclusion cannot be inficiata from the affirmation of the judge of the dismissal second which the nomination to president of a harbour authority cannot be shaped as a job relationship that places in the within of the “Civil Service”, but corresponds to the assumption of a “conferred fiduciary assignment” from a governmental and connected authority to the exercise of public functions.

40 In fact, according to constant jurisprudence, the public or by right by right private nature of the legal nexus of the job relationship is insignificant as for the application of article 45 TFUE (v. Sotgiu sentences, 152/73, EU: C: 1974:13, point 5, and Bettray, 344/87, EU: C: 1989:226, point 16).

41 Moreover, the Court has already declared, in the within of the appraisal of the existing relationship between a member of a board of directors of a society of capitals and such same society, than the member of a council of that sort, which supplies, in exchange for a salary and wage, performances to the society that has named it and of which it is part integrating, that it exercises own activity under the direction or the control of another organ of such society and that, anytime, it can be revoked from its functions, satisfies the conditions for being qualified worker according to the jurisprudence of the Court (Danosa sentence, C 232/09, EU: C: 2010:674, point 51).

On the notion of “employment in Public Administration” according to article 45, paragraph 4, TFUE

42 article 45, paragraphs from 1 to 3, TFUE sanctions the fundamental principle of the free circulation of the workers and the abolition of any discrimination, founded on the nationality, between the workers of the Member States. Article 45, paragraph 4, TFUE preview however that the dispositions of such article are not applicable to employ in Public Administration.

43 Second the jurisprudence of the Court, the notion of “Public Administration” according to article 45, paragraph 4, TFUE must receive a uniform interpretation and an application in the entire Union and cannot therefore be remittance to the total discrezionalità of the Member States (v., in particular, Sotgiu sentences, EU: C: 1974:13, point 5, and Colegio de Oficiales de Marina Mercante Española, C 405/01, EU: C: 2003:515, point 38). Moreover, such exception must receive an interpretation that of it you limit the capacity to how much it is closely necessary in order to safeguard the interests that it allows with the Member States of protecting (v. sentence Colegio de Oficiales de Marina Mercante Española, C 405/01, EU: C: 2003:515, point 41).

44 To such purpose the Court has already declared that the notion of “Public Administration” according to article 45, paragraph 4, TFUE regards the places that imply the participation, directed or indirect, to the exercise of the publics powers and to the duties that have to object the protection of the general interests of the State or the other public collectivities and presuppose therefore, by their holders, the existence of a particular relationship of solidarity regarding the State let alone the reciprocity of the rights and duties that constitute the foundation of the tie of citizenship (v., in particular, sentences Commission/Greece, C 290/94, EU: C: 1996:265, point 2, and Colegio de Oficiales de Marina Mercante Española, EU: C: 2003:515, point 39).

45 On the other hand, the exception of which to article 45, paragraph 4, TFUE it does not find application to employs that, also depending on the State or from other public bodies, they do not imply however some participation to tasks being up to Public Administration properly said (sentences Commission/Greece, EU: C: 1996:265, point 2, and Colegio de Oficiales de Marina Mercante Española, EU: C: 2003:515, point 40).

46 Occorre therefore to verify if the functions attributed to the president of a harbour authority involve powers of imperium and the protection of the general interests of the State, that they justify consequently that they are classified to the Italian nationals.

47 article 8, codicil 3, of the law n. 84/94 list the attributed tasks to the president of a harbour authority.

48 it must first of all be stated that, besides the presidency of the harbour committee, the activities contemplated from article 8, codicil 3, letters from a) to e) and n), of such law are limited to proposal functions, by the president of a harbour authority, to the harbour committee, of some measures connected to the ordinary management of the port.

49 Such activities cannot re-enter in the exception previewed from article 45, paragraph 4, TFUE, so much more than the president of the harbour authority it does not have decisional power, that it is up instead to the harbour committee.

50 Of the pairs, the competences described to article 8, codicil 3, letters f) and l), of the law n. 84/94, as they preview only powers of coordination and promotion of activity of other agencies, cannot re-enter in the exercise of the publics powers and the functions whose objective is the protection of the general interests of the State.

51 In purpose it goes observed that from the issue introduced to the Court it does not emerge that the agencies of which the president of a harbour authority guarantees the coordination or promotes the activity is they same preplaces to the development of functions of Public Administration according to article 45, paragraph 4, TFUE.

52 True it is that, in force of article 8, codicil 3, letter i), of the law n. 84/94, read in joint provision with article 18 of such law, the president of the harbour authority exercises the competences that are attributed to the harbour authority and release authorizations and concessions of areas and docks to enterprises that intend to carry out harbour operations or to supply harbour services.

53 However, contrarily to supported how much from the governments Spanish and Dutch, not even the release of such authorizations and such concessions, as management actions that obey to considerations of mainly economic nature, can be considered re-entering within application of article 45, paragraph 4, TFUE.

54 At last, under certain circumstances, the president of a harbour authority, in the exercise of the powers of injunction of which he arranges, is legitimized to adopt provisions of coactive character intended to the protection of the general interests of the State, if of species of integrity of the common assets.

55 Between the number of such powers of injunction they figure, on one side, in the within of the functions of administration of the areas and of the assets of the marine Federal property, the power to enjoin to who it illicit occupies state property zones situated in the harbour within to put again in pristine the state of the places, with faculty, in case of nonperformance of the injunction, to compulsory order to the restoration to expenses of the offender [article 8, codicil 3, letter h), of the law n. 84/94, in joint provision with article 54 of the navigation code].

56 From the other side, in application of article 8, codicil 3, letter m), of the law n. 84/94, the president of the harbour authority assures the navigability in the harbour within let alone the execution of work of excavation and maintenance of the seabeds. To such fine, and in indifferibili cases of necessity and urgency, the president has the power to adopt provisions of coactive character.

57 Such competences, implying the exercise of imperium powers, can re-enter in the exception to the free circulation of the workers previewed from article 45, paragraph 4, TFUE.

58 However, the resource to such exception cannot be justified from the single fact that the national right attributes imperium powers to the president of a harbour authority. It is necessary pure that such powers effectively are exercised in habitual way said holder and they do not represent a reduced part a lot of its activities.

59 In fact, as reminded to point 43 of sentence anticipates, it dictates exception must receive an interpretation that of it you limit the capacity to how much it is closely necessary in order to safeguard the general interests of the interested Member States, that they cannot turn out in danger in case imperium powers are only exercised in sporadic way, or quite exceptionally, by citizens of other Member States (v. sentences Colegio de Oficiales de Marina Mercante Española, EU: C: 2003:515, point 44; Anker and to, C 47/02, EU: C: 2003:516, point 63, let alone Commission/France, C 89/07, EU: C: 2008:154, point 14).

60 Orbene, from the information communicated from the Italian government turn out that the powers of the president of a harbour authority constitute a marginal part of its activity, which in general terms anticipate a technical character and of economic management that cannot be modified from their exercise. Moreover, according to saying government, such same powers can be practised only in occasional way or exceptional circumstances.

61 In such context, a general exclusion of the access of the citizens of other Member States to the charge of president of an Italian harbour authority constitutes a discrimination founded on the prohibited nationality from article 45, paragraphs from 1 to 3, TFUE.

62 To light of the considerations that precede, it is necessary to answer to the first issue declaring that, in circumstances as those of which to the main procedure, article 45, paragraph 4, TFUE it must be interpreted in the sense that does not allow with a Member States to reserve to own citizens the exercise of the functions of president of a harbour authority.

On the issues from the second one to the fourth

The 63 issues from the second one to the fourth are placed in via subordinated and the hypothesis in which article 45 TFUE he was not applicable to the main procedure.

64 Taken into consideration the answer supplied to the first issue, it is not necessary to answer to the other issues.


On the expenses

65 Regarding the parts in the proceedings main cause anticipates constitutes an incident raised dinanzi to the national judge, which it is up therefore to statuire on the expenses. The expenses supported from other subjects in order to introduce observations to the Court cannot give rise to remelting.

For these reasons, the Court (Second Section) declares:

In circumstances as those of which to the main procedure, article 45, paragraph 4, TFUE it must be interpreted in the sense that does not allow with a Member States to reserve to own citizens the exercise of the functions of president of a harbour authority.

Signatures


* trial-like Language: the Italian.
›››News file
FROM THE HOME PAGE
Toll worsens from explosion in Iranian port of Shahid Rajaee
Tehran
It caused 46 deaths and injured over 1,200 people
CEVA Logistics (CMA CGM group) will buy the Turkish Borusan Lojistik
Istanbul/Marseille
Transaction valued at $440 million
Wärtsilä's first quarter is positive
Helsinki
New orders value growth slows
ESPO: The EU Parliament's Budget Committee's request for more funding for transport, energy and infrastructure is welcome
Brussels
The importance of financing TEN-T networks to enable their adaptation for both military and civilian dual-use purposes was highlighted
Solidarity contribution for the families of port workers who are victims of accidents at work
Rome
It was established by the National Bilateral Port Authority
Bureau Veritas Marine & Offshore Division Reports Record Quarterly Revenue
Neuilly-sur-Seine
New historical peak also for the classified fleet
PSA reportedly considering selling its 20% stake in Hutchison Ports
Singapore
This is according to "Reuters", which had already floated this hypothesis at the end of 2022
Federagenti, Italy must give a sharp acceleration to the projects of ZES, free zones and Special Logistics Zones
Rome
Pessina: There is no space for reflections prey to bureaucracy
In the first quarter of this year, freight traffic in the port of Rotterdam decreased by -5.8%.
Rotterdam
Both disembarkation (-3.1%) and embarkation (-11.9%) loads are decreasing
Increase in container cargo is not enough for the port of Antwerp-Bruges to avoid a -4.0% decline in quarterly traffic
Antwerp
The decline in liquid bulk cargoes worsened (-19.1%)
The China Shipowners' Association considers the measures taken by the US against Chinese ships a typical example of unilateralism and protectionism
Beijing/Washington
The WSC reiterates that such measures could undermine American trade, harm U.S. manufacturers, and undermine efforts to strengthen the nation's maritime industry.
COSCO Expresses Strong Opposition to US Planned Taxes on Chinese Ships
Growing share of new entrants in European rail transport sector
Madrid
In 2023, rail freight transport performance decreased by -8%
New Chinese Ship Taxes That Will Only Raise Prices for Americans
Washington
The executive vice president of the US Chamber of Commerce denounced it
Tax amounts set for China-linked vessels arriving at US ports
Washington
Calculated on the basis of net capacity or container volume, they will be applied from October and will be progressively increased
International tender launched to award concession for new Casablanca port shipyard
Casablanca
It is the largest in Africa and has been unused since 2019
Federlogistica, the industry must stop approaching logistics only in terms of costs
Genoa
Falteri: a national control room composed of representatives of the logistics sector and industrial groups is necessary
ABB closes positive first quarter even if revenue growth is lower than expected
Zurich
Wierod: Our consolidated local-for-local approach protects us from the trade war
New global minimum wage deal for seafarers
Geneva
The level will rise to $690 from January 1, 2026 to reach $704 from 2027 and $715 from 2028.
Global trade in goods could fall by -1.5% this year
Geneva
WTO predicts. Okonjo-Iweala: Persistent uncertainty threatens to slow global growth, with serious negative consequences for the world
In 2023, around two-thirds of all goods moved in the EU were transported by sea.
Luxembourg
In the period 2013-2023, only the share of road transport increased, while that of other modes decreased.
Postal shipments of goods from Hong Kong to the US suspended
Hong Kong
Hongkong Post faces exorbitant and unreasonable tariffs due to unjustified and intimidating actions of the United States
Confitarma highlights the need for the decarbonisation strategy not to penalise shipping compared to other modes
Rome
Zanetti: also ensure that the implementation process takes into account the operational needs of the industry
Intercargo and Intertanko raise concerns over shipping decarbonisation deal
London
The complexity of the measure adopted by the IMO and the unusual procedure from which non-governmental organizations were excluded were highlighted
Pirate attacks on ships to spike in first quarter of 2025
Pirate attacks on ships to spike in first quarter of 2025
London
Sharp increase in incidents in the Singapore Straits
Interferry welcomes IMO agreement on decarbonisation of shipping, but finds strategy too complex
Victoria/Piraeus
Greek Shipowners' Association disappointed by failure to recognise essential role of transition fuels such as LNG
International Labour Organization Recognizes Seafarers as Key Workers
London
ITF and ICS: a historic moment
CMA CGM to acquire 35% of Egypt's October Dry Port
Cairo
The company operates a dry port in the industrial and logistics zone near Cairo
MSC Group's TiL to Take Full Control of Hutchison Ports Terminals
New York
Bloomberg reports this, specifying that the Panamanian terminals would be jointly managed with BlackRock
Draft regulation on decarbonisation of shipping approved by MEPC includes mandatory fuel standard and pricing of greenhouse gas emissions
London/Washington/Brussels
The establishment of a Fund to collect resources deriving from the pricing of emissions is foreseen
Task force of five associations for the relaunch of Italian rail cargo
Rome
Initiative by Agens, Assoferr, Assologistica, Fercargo and Fermerci
MIT indicates Matteo Paroli as new president of the ports of Genoa and Savona-Vado
Rome/La Spezia
The La Spezia port community also requests a name for the Eastern Liguria Port Authority
Le Aziende informano
Il retrofit ibrido-elettrico di ABB guida i traghetti dei laghi italiani verso un futuro più sostenibile
Confitarma underlines the importance of the shipping decarbonisation strategy being defined at IMO
Rome
The Italian Confederation specifies that it shares some of the USA's concerns
WSC Reiterates Trump's Measures for National Maritime Industry Are Bad for U.S. Economy
Washington
Kramek: Ready to support the administration with constructive proposals
Fincantieri and Accenture establish joint venture Fincantieri Ingenium
Trieste/Milan
The aim is to drive the digital transformation of the ship product and port logistics
Meyer Werft has delivered the new luxury cruise ship Asuka III to NYK Cruises
Papenburg/Emden
It has a capacity of 744 passengers and 470 crew members
As Trump formalizes measures to revitalize America's maritime industry, the nation's ports face a dramatic decline in traffic
Washington/Geneva
Okonjo-Iweala (WTO): With the escalation of trade tensions between the US and China, the exchange of goods between the two economies could decrease up to 80%
CK Hutchison denies allegations of breach of concession contract for Panamanian ports of Cristóbal and Balboa
Panama
Panama Ports Company emphasizes that it has complied with all legal obligations and contractual commitments
US Does Not Participate in IMO Negotiations on Shipping Decarbonization, Threatens Reciprocal Measures
London
Expressed opposition to any attempt to impose economic measures on ships based on greenhouse gas emissions or fuel choice
T&E urges MEPC to agree clear and ambitious measures to decarbonise shipping
Brussels
It is necessary - the association underlines - to set binding objectives
Meyer Yachts will build an ultra-luxury residential mega yacht for Ulyssia Residences
Miami
The ship will be 320 meters long and will be built at the Papenburg shipyard
Neapolitan Grimaldi Group wins $1.3 billion order for nine ro-pax ships
Neapolitan Grimaldi Group wins $1.3 billion order for nine ro-pax ships
Helsinki/Naples
Order at China Merchants Jinling Shipyard (Weihai)
Viking orders two cruise ships from Fincantieri with option for two additional units
Los Angeles/Trieste
The two ships under construction in Ancona for the American brand will be the first in the world to be powered by hydrogen stored on board
Federlogistica, the possible collapse of road transport is a risk for the country
Genoa/Modena
Ruote Libere reports that the government only needs to allocate a little money to avoid having to deal with the real problems of road hauliers
Last year, the revenues of the Chinese group CMPort increased by +3.1%
Hong Kong
In the first three months of 2025, port terminals handled 36.4 million containers (+5.6%)
The financial statements of the AdSP of Western Liguria and the Central-Northern Tyrrhenian Sea have been approved
Genoa/Civitavecchia
Konecranes revenues increased by +7.7% in the first three months of 2025
Helsinki
343 million euros of new orders for port vehicles (+37.5%)
Kuehne+Nagel posts first quarter of growth
Schindellegi
The logistics group's net sales amounted to 6.33 billion Swiss francs (+14.9%)
Application by TDT (Grimaldi group) for the construction and management of 50% of the Terminal Darsena Europa in Livorno
Leghorn
The company has requested an extension of the duration of the current concession
In 2024, 58 million invested in the modernization of the ports of Livorno, Piombino and the island of Elba
Leghorn
The final budget and the annual report of the AdSP have been approved
EIB advice to strengthen climate resilience of the ports of Volos, Alexandroupolis and Patras
Luxembourg
It will assist port authorities in identifying and managing climate risks
In the first quarter the port of Valencia handled 1.3 million containers (+3.4%)
Valencia
Transhipment traffic decline
The Management Committee of the Central Tyrrhenian Sea Port Authority has unanimously approved the 2024 financial statement
Naples
SOS LOGistica will acquire the qualification of Third Sector Entity
Milan
The association currently has 74 members
In the first three months of 2025, freight traffic in the ports of Barcelona and Algeciras decreased
Barcelona/Algeciras
Hupac transfers intermodal service with Padua to Novara
Noise
Until now the other terminal was the one in Busto Arsizio
PSA SECH has operated the first 400-meter train at Parco Ferroviario Rugna
Genoa
Capacity up to 20 pairs of trains per day
The 2024 financial statement of the Eastern Liguria Port Authority was unanimously approved
The Spice
The war clearance preparatory to the expansion of the Ravano Terminal in La Spezia is nearing completion
The Spice
The AdSP has invested over 600 thousand euros in it
Francesco Rizzo appointed president of the AdSP of the Strait
Rome
He has repeatedly denounced the uselessness of the construction of the bridge over the Strait
US aircraft attack Yemeni port of Ras Isa
Tampa/Beirut
38 dead and over a hundred injured
In 2025 Stazioni Marittime predicts an increase in ferry and cruise traffic in the port of Genoa
MIT Mobility Report Highlights Rising Demand for Both Passengers and Freight
Rome
In the first quarter, cargo traffic in Russian ports decreased by -5.6%
St. Petersburg
Both dry goods (-5.3%) and liquid bulk (-5.8%) are decreasing
Andrea Giachero confirmed as president of Spediporto
Genoa
The board of directors of the association of Genoese freight forwarders has also been renewed for the three-year period 2025-2028
Study for monitoring vehicular traffic in the ports of Venice and Chioggia
Milan
Order awarded to Circle and Arelogik
In Italy, the rail freight transport sector is in deep trouble
Geneva
Fermerci calls for making traffic incentives structural and increasing and for refinancing the incentive for the purchase of locomotives and wagons
Global Maritime Forum report on optimising ship calls to reduce emissions
Copenhagen
Virtual arrival and just-in-time arrival approaches proposed
In the first quarter of this year, container traffic in the port of Gioia Tauro grew by +15.5%
Joy Taurus
Construction of the "Dockworker’s House" has begun
GNV has taken delivery of the second of four new ro-pax vessels in China
Genoa
"GNV Orion" will be able to accommodate 1,700 passengers and transport up to 3,080 linear metres of cargo
After ten quarters of decline, container traffic in the port of Hong Kong returns to growth
Hong Kong
In the first three months of this year 3.39 million TEUs were handled (+2.1%)
Fincantieri acquires stake in WSense
Rome
The ninth FREMM unit "Spartaco Schergat" delivered to the Italian Navy
The new edition of the Practical Manual of Maritime Traffic has been presented
Genoa
Written by Assagenti, it turns fifty
Container traffic at the ports of Long Beach and Los Angeles increased by 26.6% and 5.2% in the first quarter
Long Beach/Los Angeles
Trump's tariffs impact imminent
In the first three months of 2025, the port of Singapore handled 10.5 million containers (+5.8%)
Singapore
In weight, containerized traffic recorded a decrease of -1.4%
Regulations signed for LNG bunkering at Fincantieri shipyard in Genoa
Genoa
Define the methods of transferring fuel from ship to ship
Historic shipbuilding brands Uljanik and 3.Maj on the verge of extinction
Zagreb
The State confirms its intention to sell the shipbuilding activities at the two sites of Pula and Rijeka
Cambiaso Risso has completed the acquisition of the French Somecassur
Genoa
The transalpine company specializes in the insurance of super and mega yachts
New weekly train service between the port of Gioia Tauro and Verona
Joy Taurus/Verona
Operated by Medlog for the transport of refrigerated goods
EBRD looking for strategic partner for development of Moldovan river port of Giurgiulesti
London
International competition launched
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Turkish ports set new first-quarter cargo traffic record
Ankara
Historic peak of cargo imported from abroad
In the first quarter of 2025, freight traffic in the port of Taranto grew by +37.6%
Taranto
Increase of 854 thousand tons of solid bulk and 265 thousand tons of conventional goods
DEME buys Havfram, a company that installs offshore wind farms
Second Right/Washington
Transaction worth approximately 900 million euros
Rail transport of convoys for Rome Metro started from Reggio Calabria
Rome
Contract awarded by Hitachi Rail to Mercitalia Rail
In 2024, the volumes handled by Magli Intermodal Service decreased by -2%
Rezzato
Turnover stable
Yang Ming records first decline in turnover in March after 14 months of growth
Keelung/Taipei
Evergreen and WHL revenue growth continues
The European Commission has approved the acquisition of Germany's Schenker by Denmark's DSV
Brussels
The impact on competition in the markets in which the two companies operate is considered limited
Fincantieri - Kayo Agreement to Promote the Development of the Shipbuilding and Naval Industry in Albania
Trieste
Possible creation of a hub for shipbuilding and refitting in the region
Recent slight reduction in logistics costs for new factory vehicles
Brussels
Montaresi (AdSP Liguria Orientale) awarded with the "Port Oscar"
Miami
The event has reached its eighteenth edition
In the first three months of 2025, containers carried by OOCL vessels increased by +9.3%
Hong Kong
Revenues up +16.8%
The AdSP of the Southern Tyrrhenian and Ionian Seas wins in appeal against Zen Yacht
Joy Taurus
Company ordered to pay back rent
A large shipment of cocaine was seized in the port of Livorno
Leghorn
Two tons of drugs identified by Customs and Financial Police personnel
Navantia renews agreement with American cruise group Royal Caribbean
Miami
To date, the Cadiz shipyard has carried out maintenance, repair and refurbishment work on 45 of the group's ships.
Record cruise traffic expected in Italian ports this year
Miami
Cemar believes that growth will not stop even in 2026
HII-HHI Agreement to Accelerate US and South Korean Naval Production
National Harbor
The aim is to strengthen the naval industrial base of the two nations.
Panama Ports Company Accused of Violating Terms of Concession Agreement
Panama
Panama's Auditor General announced the filing of criminal charges
Colombo West International Terminal has become operational
Ahmedabad
It has a traffic capacity of 3.2 million TEUs
The conference "New sustainable marine fuels - Decarbonize Shipping" will be held in Genoa on Monday
Genoa
The new multifunctional border control structure PCF - PED/PDI Point completed in the port of Gioia Tauro
Joy Taurus
"Artificial Intelligence Comes to Port" Conference in Rome on Friday
Rome
It is promoted by the National Union of Port Enterprises
MSC Group's new cruise terminal inaugurated in Miami
Miami
It can accommodate three large ships at the same time
In February, traffic in the port of Ravenna increased by +2.1%
Ravenna
Bulk cargo increases, miscellaneous cargo declines
In 2024, Ferrovie dello Stato Italiane recorded a net loss of -208 million euros
Rome
Revenues up by +11.7%. The group's freight transported increased thanks to the acquisition of Exploris
Port of Genoa, Ente Bacini requests new spaces and renewal of the concession
Genoa
Conference to celebrate the centenary of the company
The public meeting of the Italian Port Terminal Operators Association will be held in Rome on June 19th
Genoa
VARD to build offshore dive vessel for Dong Fang Offshore
Alesund/Trieste
The contract is worth 113.5 million euros
PORTS
Italian Ports:
Ancona Genoa Ravenna
Augusta Gioia Tauro Salerno
Bari La Spezia Savona
Brindisi Leghorn Taranto
Cagliari Naples Trapani
Carrara Palermo Trieste
Civitavecchia Piombino Venice
Italian Interports: list World Ports: map
DATABASE
ShipownersShipbuilding and Shiprepairing Yards
ForwardersShip Suppliers
Shipping AgentsTruckers
MEETINGS
The conference "New sustainable marine fuels - Decarbonize Shipping" will be held in Genoa on Monday
Genoa
It will take place at the headquarters of the Port Authority of Genoa
"Artificial Intelligence Comes to Port" Conference in Rome on Friday
Rome
It is promoted by the National Union of Port Enterprises
››› Meetings File
PRESS REVIEW
Proposed 30% increase for port tariffs to be in phases, says Loke
(Free Malaysia Today)
Damen Mangalia Unionists Protest Friday Against Possible Closure
(The Romania Journal)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Next week Italian ports will participate in Seatrade Cruise Global
Rome
Initiative brand: "CruiseItaly - One Country, Many Destinations"
MSC Group Cruise Terminal Officially Inaugurated in the Port of Barcelona
Barcelona
In 2027 it will be equipped with a cold ironing plant
Marcegaglia and Nova Marine Carriers form NovaMar Logistic joint venture
Lugano/Gazoldo of the Ippoliti
A general cargo ship will transport raw materials to the steel group's plants
Liebherr achieves record annual sales in the maritime and port crane segment
Bulls
Strong demand for offshore and container handling equipment
The annual conference "Programming, Operation and Management of Transport Networks" in Genoa
Genoa
It is dedicated to the transport and mobility sector
Last year, 656 ships underwent repair work in Greece
Piraeus
Increase of five units compared to 2023
Port of La Spezia, cruise ship docking simulations completed at Garibaldi West pier
The Spice
Assagenti conference on the future of the profession of maritime agent and broker
Genoa
It will be held tomorrow in Genoa
Stena Line presents a project for a ro-ro vessel capable of reducing energy consumption by at least 20%
Gothenburg
Introduced most of the innovative technologies currently available
Francesco Beltrano is the new general secretary of Uniport
Rome
He takes over from Paolo Ferrandino, who will continue to collaborate as a consultant
Saipem awarded new contracts in Middle East and Guyana
Milan
The total value of the orders is approximately 720 million dollars.
Conference in Genoa for the centenary of Ente Bacini
Genoa
The company was established on 19 February 1925
Interporto Bologna Board of Directors Renewed
Bentivoglio
Stefano Caliandro Appointed President. Loss of 1.7 million euros in 2024
NYK invests 76 billion yen in NYK Energy Ocean Corporation
Tokyo
The newco has taken over the activities of ENEOS Ocean
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
phone: +39.010.2462122, fax: +39.010.2516768, e-mail
VAT number: 03532950106
Press Reg.: nr 33/96 Genoa Court
Editor in chief: Bruno Bellio
No part may be reproduced without the express permission of the publisher
Search on inforMARE Presentation
Feed RSS Advertising spaces

inforMARE in Pdf
Mobile