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Original news
The REGIONAL ADMINISTRATIVE COURT unblocks the work for the requalification of the Polisettoriale Pier of the port of Taranto
Rejected to the resource introduced from New Frontiers Job on the supply of temporary job in the port of Brindisi
October 10, 2014

With issued decree yesterday the judges of the center of C#lecce of the Regional administrative court for the Apulia have rejected to the resource introduced from CCC Yards Constructions Concrete for the suspension of the effectiveness of the provision with which in August Harbour Authority of Taranto he had cancelled the award of the contest for the allocation of the work of requalification of the Polisettoriale Pier of the apulian port in favour of the grouping of CCC/Matarrese/Icotekne enterprises for defect of requirement of contributive regularity. The harbour agency had adjudicated the contract to having constituted the RTI Stable Consortium Great Scrl Work, second classified in the contest ( on 29 August 2014).

Moreover the Regional Administrative Court for the Apulia has pronounced also a sentence, that we publish below, with which has rejected to the resource introduced from the agency for the job New Frontiers Lavoro Spa against the Harbour Authority of Brindisi and the action of participation to opponendum asked from the Harbour Company Nicholas and Salvatore Briamo Soc Coop Arl for the cancellation of the ban of contest for narrow procedure indetto from the Harbour Authority for the location of the enterprise to authorize according to the supply of temporary job in favor of the operating enterprises harbour in the port of Brindisi of art. the 17, codicil 2, of law 84/94.





N. 02449/2014 REG.PROV.COLL.
N. 00575/2009 REG.RIC.
ITALIAN REPUBLIC
IN THE NAME OF ITALIAN PEOPLE
The Regional administrative court for Puglia
C#lecce - Section Before

it has pronounced anticipates

SENTENCE

on the resource number of general registry 575 of 2009, integrated from reasons added, proposed they give:
New Frontiers Lavoro Spa, represented and defended from the avv. Alessandro Caiulo, with address which elected near Giancarlo Caiaffa in C#lecce, via B Ravenna, 2;

against

Harbour authority of Brindisi, represented and defended from the Legal profession Distr.le C#lecce, domiciled in C#lecce, via Rubichi;

and with the participation of

to opponendum:
Harbour company Nicholas and Salvatore Briamo Soc Coop Arl, represented and defended from the avv. Michele Muscillo, Tiziana Stefanelli, with address which elected near Antonio Guglielmo in C#lecce, via Filippo Bacile, 3;

for the cancellation

of the Ban of Contest for narrow procedure, indetto from the Harbour Authority of Brindisi for the location of the enterprise to authorize according to the supply of temporary job of art. the 17, codicil 2, of law 28/1/1994 n. 84 (performance of temporary harbour labor in favor of the operating harbour enterprises in the port of Brindisi), of which to the invitation offering sent from the same Harbour Authority to the recurrent one with racc. a.r prot. n. 2166 of the 2/3/2009, in the part in which, in the letter "l" of the contest ban, it previews to exclusion pain that the concurrent enterprise must have a equipment of staff in possession of a not inferior total professionality to 60 years of job/man achieved in the field of the harbour operations calculated on 50% of the staff and consequently whereby in the invitation to offer establishes that in the envelope "technical B-Offer" it must be inserted, to exclusion pain, the following documentation: documentary demonstration of the requirement of which literally l) of the Ban of contest, that is to say of having a equipment of staff in possession of a not inferior total professionality to 60 years of job/man achieved in the field of the harbour operations, as defined from art. the 16 of the law n. 84/1994, calculated on 50%

of the staff. Such requirement could be proven with the exhibition of copy of the registries of the harbour workers released from the harbour Authorities and/or Marine where the workers are enrolled; the presentation of the nominative directory of the workers in possession of requirement is admitted, with the indication of the respective personal identifying data and of the period and the ports in which the same ones they have covered the qualification of harbour workers, such directory will have to be undersigned from the legal representative of the competitor second the forms of which to the D.P.R n. 445/2000; let alone of the same ban in the part in which, previewing it obligation for the enterprise highest bidder to assume in employment contract continuity all the staff in equipment to the subject of which to art. the 21, codicil 1, lett. B) of 84/94 L. operating in the Port of Brindisi, not specific how many and which are these workers, their seniority and their duties and how much other necessary one to afford to the competitors a calculation of costs and convenience; let alone of every other action presupposed, connected and/or consequenziale and in particular art. the 17 emanated Regolamento according to codicil 10 of the law 84/94 and Lines Guide for the location of the enterprise to authorize to the supply of temporary job, in the limits of the interest of the recurrent one;

let alone, for the cancellation, advance suspension of the execution, the minutes of commission of contest of the 31/3/2009 of opening plichi one with contextual temporary award, whose emanation is communicated to the recurrent one with racc. prot. 4448 dated 24/4/2009, received in date 4/5/2009, while the copy of the same minutes is delivered after formal demand for access to the actions, in date 7/5/2009;

Seen the added and relative resource, reasons the attached ones;
Seen the certificate of incorporation in judgment of the Harbour Authority of Brindisi;
Seen the defensive memories;
Visas all the actions of the cause;

Reporter in the audience public of the day 10 July 2014 dott.ssa Patrizia Moro and heard the avv. of the Simona Libertini State;

Considered and considered in fact and right how much follows.


FACT and RIGHT

1. Performance of temporary harbour labor in favor of the operating harbour enterprises in the Port of Brindisi) for the following reasons is appealled the epigrafato ban of contest for narrow procedure indetto from the Harbour Authority of Brindisi for the location of the enterprise to authorize according to the supply of temporary job of art.17 codicil 2 of L. 28.1.1994 n.84 (:

Serious violation of the norm of which to I decree legislative 10 september 2003 n.276 of performance of the delegations in occupation matter and labor market of which to the 14 law February 2003 n.30, finalized, also in order to adapt itself to the European norm, the realization of an effective and coherent system of intended instruments to guarantee transparency and efficiency at the market of the job and to improve the abilities to insertion of the unemployed people and of how many they are in looks for of a first occupation with simplification and simplification of the procedures of encounter between supply and demand of job.

Excess to be able for irrationality and unreasonableness as well as in contrast logical between prescription contained in the same ban in particular between the letter L of art. the V and the letter F of art. VIII – treatment disparity – the inintelligibilità, equivocation, incongruità, uncertainty and other reasons.

1.1. With added reasons deposited in date 19 May 2009 the recurrent one also has appealled the minutes of the commission of contest of the 31.3.2009, of bid opening with contextual temporary award for the following reasons:

Excess at the opening to be able also in independent way for the erroneous foundation to all purposes and effects and by right to have proceeded of the plichi.

In date 23 April 2009 has been formed in judgment the Harbour Authority.

With action deposited in date 4 May 2009 the Harbour Company Nicholas and Salvatore Briamo has proposed action of participation to opponendum asking the reiezione for the resource.

With precautionary decree 575/2009 the Section has rejected the precautionary request.

In the public audience on July 10, 2014 the cause is introitata for the decision.

2. The resource is groundless and must be rejected.

2.1.Con a first order of censorships, the recurrent one appeals the lex specialis in the part in which the same one it previews, to exclusion pain, than the concurrent enterprise man must have a equipment of staff in possession of not inferior total professionality to 60 years of job/achieved in the field of the harbour operations, calculated on 50% of the staff.

According to such planning, the violation of the d.lgs.276/2003 would derive some which pursues the scope “to adapt itself to the European norm, to the realization of an effective and coherent system of instruments intended to guarantee transparency and effectiveness of the labor market and to improve the abilities the abilities to insertion of the unemployed people and of how many they are in looks for of a first occupation with simplification and simplification of the procedures of encounter between supply and demand of job”, rationalizing the system of placement “assigning to society as that recurrent one, the task to supply professionally necessary labor for the development of the most varied activity, comprised that of the job there harbour”.

2.2. The matter of the harbour operations is regulated by L. 84/1994, which, in particular to the art.16, disciplines the supply of temporary job, specifying that the same one is supplied, also in exception to article 1 of the law 23 October 1960, n. 1369, to the enterprises of which to article 16 and 18 for the execution of the harbour operations and the authorized harbour services according to article 16, codicil 3, finding, to the codicil 2 that the harbour authorities or, whereby not instituted, the marine authorities, authorizes the distribution of the performances of which to codicil 1 by an enterprise (whose activity must be exclusively revolt to the supply of temporary job for the execution of the operations and the harbour services) to second characterize an accessible procedure to Italian and communitarian enterprises. It dictates enterprise, that it must be endowed of adequate staff and resources own with specific characterization of professionality in the execution of the harbour operations, does not have to indirectly exercise directly or the activities of which to article 16 and 18 and activities carried out from the societies of which to article 21, codicil 1, letter a), neither it must be imprisoned directly or indirectly from or more enterprises than which to article 16, 18 and 21, codicil 1, letter a), and not even it does not have to stop participation also of minority in or more enterprises than which to article 16, 18 and 21, codicil 1, letter a) ; in case contrary, it must be engaged to dismettere said activity and participation before the release of the authorization.

The next one art.17 disciplines the supply of temporary harbour job to the enterprises, of which the articles. 16 and 18, for the execution of the harbour operations and the authorized harbour services according to art. the 16, codicil 315.

Codicil 2 previews that the distribution of the temporary performances, by an Italian or communitarian enterprise, is authorized by the harbour authorities or, whereby not instituted, by the marine authorities.

The activity of said enterprise, exclusively revolt to the supply of temporary job, must be second characterized an accessible procedure to Italian and communitarian enterprises.

The enterprise, moreover: - it must be endowed of adequate staff and resources own with specific characterization of professionality in the execution of the harbour operations; - it does not have to indirectly exercise neither directly neither one of the activities of which to artt.16 (the harbour Operations) and 18 (Concession of areas and docks) of Legge n. 84 of 1994; - it does not have to exercise the carried out activities from the societies of which to art. the 21, codicil 1, letter a) (that is second the types of societies previewed in the book fifth, titles V and YOU, of the civil code); - it does not have to be prisoner, neither directly, neither indirectly, from or more enterprises than which to the articles. 16, 18, and 21, codicil 1, letter a), so as it does not have to stop participation, also of minority.

Such dispositions are therefore potentially times to favor proliferating of so said permanent establishments in the harbour areas, which conventional legal truths of matrix that involve interests publics of particular interest, attended that the demanded performances are of specialized type with specific qualification and direction of the attache's to the performances, with assumptions of the consequent responsibilities towards the outsourcer.

In truth, art. the 2 of the D.M. 6 February 2001, n. 132, of performance of art the 16, first codicil of the law n. 84 of the 94, preview that the harbour services comprise “the entrepreneurial activities consisting in the specialized performances, that they are complementary and accessory to the cycle of the harbour operations, to become upon request of subjects authorized to the development also in self-handler of the harbour operations” and that “the specialized character of the performances to admit as harbour services is constituted by the particular technical competence of the supplier, represented also from the availability of equipments and/or machinery specifically dedicated to the supply of the service”.

Art. the 2 in precise mention also that “the complementary and accessory character of the performances to admit as harbour services are constituted by the circumstance that, be a matter of activities also distinguished from those making part of the cycle of the harbour operations, is functional to the profitable development of the same one and that they contribute to improve the quality of this last one in terms of productivity, celerity and slimness”.

In such normative picture, legitimately the Harbour Authority, in characterizing requirement of the necessary seniority, to demonstration own of inherent requirement the possession of endowed staff of the professionality and abilities demanded from the recalled legislation, has demanded which requisitioned minimal in order to participate to the contest, that of the seniority job 60-year-old/man to be estimated on 50°% of the staff.

Such prescription, as well as logical and coherent with the cited normative dictation, does not turn out onerous and detrimental excessive for the enterprises participants since, as effectively found from the harbour Authority, it turns out sufficient that the participants demonstrate to possess an organic equipment of 6 dependent of which 3 in possession 20-year-old of harbour job.

Of it derives that the choice of the Administration totally appear respectful of the functional limits of the logicità and reasonableness, its pertinence and congruity against the scope persecuted and of the absence of internal contraddittorietà, and does not bring some prejudice to the principles of impartiality and equal visibility, as it does not shrink, beyond the bare minimum and the organizational requirements dictated by the specificity of the service, the audience of the potential competitors.

2.3. The censorship does not hit the mark not even with which the recurrent one appeals the actions of contest in the part in which the same ones they preview the necessity to assume the staff of which to the art.21 c.1 lett.b of the l.84/1994.

In truth, such prescription turns out consistent and faithful to the art.17 c.c of the L.84/1994 which previews that “the harbour authority and, whereby not instituted, the marine authority characterize the procedures in order to guarantee the continuity of the relationship of job in favor of the associates and of the dependent of the enterprise of which to the art.21, codicil 1 lett.b) in confronts of the authorized enterprise”.

Such disposition conjugates the necessity to guarantee the specialization and typicity of the operating staff in the harbour services with the working continuity, in order to assure that the necessary performances are carried out by subjects that have matured a sure experience and professionality.

Neither the absence of sufficient determinatezza can fondatamente be supported about the relative costs, attended that the same ones could be easy evincibili from the registries of the workers of the outgoing enterprise, registries for which the recurrent one has not asked the ostensione opportunely.

2.4. Of the groundless pairs they are the censorships expressed in the added reasons, with which the recurrent one supports that the contest commission, in the blackberries of the decision of anticipates resorted, would not have had to proceed at the opening of the envelopes and to the consequent temporary award.

Aloof the genericità of the reason, must also reveal that not sussistono reason legislative ostative to prosieguo of the contest operations in the presence of an adverse resource the lex concorsualis, being up to the Administration also always an appraisal in order to the there express censorships and the likely fondatezza/admissibility or less of the same ones.

In the species, the acclarata infondatezza of the legitimate main resource the appraisal carried out from the A.P about the prosieguo of the contest operations.

In conclusion the resource must be rejected, also sussistendo justified reasons that allow the compensation of the argument expenses.


P.Q.M.

The Regional administrative court for the C#lecce Apulia - Section Before

definitively pronouncing on the resource, as in proposed epigraph, it rejects it.

Compensated expenses.

It orders that sentence anticipates is executed by the administrative authority.

So decided in C#lecce in the Council Chamber of the day 10 July 2014 with the participation of the magistrates:
Antonio Cavallari, President
Patrizia Moro, Councilman, Drafter
Roberto Michele Palmieri, Legal secretary




THE DRAFTER


THE PRESIDENT
DEPOSITED IN SECRETARIAT
The 09/10/2014
THE SECRETARY
(Art. 89, Co. 3, cod. proc. amm.)
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Exclusive negotiations announced
Solinas (Sardinian Action Party) is not at all satisfied with the state of Sardinian ports
Cagliari
The immediate establishment of a special commission is urged
ANSI welcomes the introduction of the information dashboard for managing private procurement contracts in logistics.
Rome
D'Angelo: it will allow the country to take another step forward
Russo (Confcommercio): excluding road transport from the PNRR funding was shortsighted.
Rome
First bulletin from the Freight Insights Observatory produced by the National Center for Sustainable Mobility
ABB Group posts sharp growth in quarterly financial and business performance
Zurich
In the period April-June the value of new orders grew by +16.0%
Informal consultations have begun on the preliminary proposal for the new Ancona Port Master Plan.
Ancona
Eleven meetings scheduled for July
Program agreement for preparatory and functional interventions for the construction of the bridge over the Strait of Messina
Rome
It was signed today in Rome
Project to develop an ecological station for the treatment of wastewater from ships
Naples
Initiative of the Neapolitan Group of the Cenere and Iello Landing
Assiterminal urges against bringing sediment from the Bagnoli dredging project into the port of Naples.
Genoa
Cognolato and Ferrari: It is essential to safeguard the full functionality of the commercial port's activities.
Container traffic at the Port of Long Beach fell 3.4% in the second quarter.
Long Beach
A decline of -16.4% was recorded in June
Paolo Pessina has been appointed vice president of Conftrasporto-Confcommercio.
Rome
He is president of the national federation of maritime agents and brokers
Container traffic in the port of Hong Kong decreased by -8.2% in the second quarter
Hong Kong
A decrease of -13.7% was recorded in June
Cuneo-based logistics company Nord Ovest is seeing growing financial results.
Wedge
Construction work on a new depot in Mondovì will be completed in early 2026.
Container traffic at the Port of Los Angeles grows driven by fears of new tariffs
Los Angeles
June saw the highest volume ever recorded for this month
The Management Committee of the Sardinia Sea Port Authority has adopted the DPSS
Cagliari
Green light for the concession to MITO and the appeal against the rejection of Olbia's dredging project.
Three events in Genoa for three new Explora Journeys cruise ships.
Genoa
A technical launch, a coin laying and the cutting of the first sheet metal were carried out at the Fincantieri shipyard
Grimaldi sells 5% of Terminal Darsena Toscana to Livorno Port Company
Naples/Livorno
Option to purchase an additional 5% of the share capital
Concession agreement signed that assigns management of the port of Tartous to DP World
Damascus
It has a lifespan of 30 years
Matteo Gasparato appointed president of the Northern Adriatic Sea Port Authority
Rome
He was appointed extraordinary commissioner of the same port authority
Meeting in Rome between the heads of ESPO and Assoporti
Rome
Among the topics addressed, the competitiveness of European ports in the current global context
Chinese airline OOCL reports quarterly decline in scheduled service revenues
Hong Kong
Cargo transported by the company's ships is increasing
Collaboration between the Ukrainian Sea Ports Authority and the Western Ligurian Sea Port Authority
Rome
Agreement with an initial duration of five years
Survey in Germany on the prospects of companies in the maritime, port and shipbuilding sectors
Hamburg
Shipowners are more concerned. Positive prospects for ports and shipyards.
Port of Augusta: Work begins on a third bridge connecting the island to the mainland.
Augusta
Work worth over 20 million euros
Vard signs contract with InkFish for new research vessel
Trieste
The deal is worth more than 200 million euros.
1.1 billion euros will be invested in the port of Hamburg to strengthen the container sector
Hamburg
Improving accessibility and port infrastructure in the Waltershofer Hafen area
Meyer Turku delivered the new Star of the Seas cruise ship to Royal Caribbean
Turku
It has a gross tonnage of 250,800 tons
ESPO calls for increased funding for ports under the next EU Multiannual Financial Framework
Brussels
The CEF programme funds have proven to be far from sufficient
Fincantieri delivers the new Oceania Allura cruise ship to Oceania Cruises.
Miami/Trieste
Two additional Sonata-class ships have been converted into orders.
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
Confindustria event on the sea economy in Rome on July 15th
Rome
The public meeting of the International Containers Studies Center will be held in Genoa on July 2nd
Genoa
››› Meetings File
PRESS REVIEW
Why Malta is objecting to a new price cap on Russian oil
(timesofmalta.com)
US has its eye on Greek ports
(Kathimerini)
››› Press Review File
FORUM of Shipping
and Logistics
Intervento del presidente Tomaso Cognolato
Roma, 19 giugno 2025
››› File
Uniport: Bringing debris from Bagnoli to the port of Naples would postpone long-awaited dredging.
Rome
Legora de Feo: It's necessary to find alternative solutions.
Taiwanese companies Evergreen, Yang Ming and WHL saw sharp declines in quarterly revenues.
Keelung/Taipei
In the period April-June it fell by -18.7%, -26.5% and -8.6% respectively
The establishment of the Information Dashboard for the management of private procurement contracts in logistics has been approved.
In May, freight traffic in the port of Ravenna grew by +1.4%
Ravenna
Bulk cargo is on the rise. Miscellaneous cargo is on the decline.
EU approves joint purchase of port equipment by terminal operators
Brussels
Joint definition of minimum technical specifications of equipment is also permitted
Serbian energy group EPS will import coal through the Montenegrin port of Bar
Bar
Currently imports from Indonesia pass through the port of Constanta
Fincantieri Foundation and Luiss University launch a project to strengthen the safety of underwater infrastructure.
Trieste
Among the objectives, contribute to the definition of a specific regulatory framework
Freewheeling: The government's U-turn on anti-mafia controls in the road haulage sector is a welcome development.
Modena
Franchini: If the government has realized it made a mistake, that's good news.
Agostinelli (AdSP Tirreno Meridionale e Ionio): the amendment that allows for the early transformation of the Gioia Tauro Port Agency is extremely important.
Confindustria's event on the maritime economy will take place in Rome on July 15th.
Rome
The confederation's strategic document on the sector will be presented
Kerala seeks $1.1 billion from MSC in damages over MSC Elsa 3 sinking
Thiruvananthapuram
Temporary detention of the vessel "MSC Akuteta II" granted
Trasportounito requests the cancellation of the renewal procedure of the Central Committee of the Register of Hauliers
Rome
New seizure of a load of cocaine in the port of Gioia Tauro
Reggio Calabria
16 bags containing 417 kilos of drugs were found in a container
MOL and Kinetics to build world's first floating data center
Tokyo
It will be installed on a vessel of 9,731 gross tonnage
Rijeka Gateway Terminal to become operational in early September
Copenhagen
The first ship at the second container terminal of the Croatian port is expected on September 12
Falteri (Federlogistica) urges us to focus on the development of "polycentric" logistics
Genoa
The Simplified Logistics Zone should be the cornerstone of the strategy
Tsuneishi Shipbuilding Co. acquired Mitsui E&S Shipbuilding Co.
Hiroshima/Tokyo
It was renamed Tsuneishi Solutions Tokyobay Co.
Pessina (Federagenti): Northern European logistics system is struggling. Let's take advantage of it!
Rome
Unexpected opportunity - he underlines - for the Mediterranean ports and Italian ones in particular
MSC Cruises Joins Carnival and Royal Caribbean in Capitalizing on Grand Bahama Shipyard
Miami
Negotiations underway since the end of 2024 have been successfully concluded
At The International Propeller Clubs the Dorso Award for the Mediterranean area
Naples
In recognition of the primary role played by logistics operators in Mediterranean traffic
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