Independent journal on economy and transport policy
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Port of Livorno, rejected the resource introduced from the Society I scorch
the Regional Administrative Court has given reason to the Harbour Authority
November 9, 2016
The Harbour Authority of Livorno has announced that the Regional administrative court for the Tuscany has rejected the resource introduced from the Society Scorches and marine agency Austral against the Harbour Authority and regarding the Livorno Marine Terminal Freeways of the Sea face to ask the cancellation for the provision with which a month it makes the harbour extraordinary commissioner of the Leighorn agency, Giuliano Gallanti, had denied to Scotto, concessionary society of the dock 42 of the side south of the Pier Italy, the authorization to stablily carry out harbour operations to service of the Cotunav, to title of a line of traffic from Tunisia with two ferry boats whom they transport, two times to the week, are goods rotabili that container.
The harbour authority has specified that the Regional Administrative Court has placed the accent on two aspects: one regards the Town development plan of the port, than it cannot be disregarded in the name of a generic callback to the competition principle. For the Regional Administrative Court, in fact, the PRP delineates the strategic choices of order and total development of the port, previewing a precise functional distinction of the areas and achieving better levels than efficiency in cargo handling in arrival and departure. Port the authority - it has emphasized the agency - would act in short in the name of a general interest that cannot be limited according to the callback to the principles of competition or that, desumibile from the art.41 of the Constitution, the right of private economic initiative. The other aspect has to that to see with the varied concept of goods, than it cannot be an umbrella that is worth as authorization to make any thing: the Regional Administrative Court report that "in the concept of ‘goods several’ cannot then be ricomprese also those rotabili for the substantial existing difference between they: the second ones in fact, being contained in large containers, must be stoccate in areas equipped of the port waiting for they withdrawal by the dedicated vehicle. The rotabile traffic needs therefore of appropriate dedicated areas and appears logical, for a better efficiency in their treatment, than these with the relative traffic of goods (rotabili) is concentrated in dedicated harbour areas and opportunely equipped".
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