Apprehension of UCINA, Assomarinas and Assonat for the next Constitutional pronunciamento of the Court on the tourist-recreational concessions



UCINA Nautical Confindustria, the Italian Association Tourist Ports (Assomarinas) and the National Association Landings place and Tourist Ports (Assonat) have manifested serious worry for the next pronunciamento of the Constitutional Court on the application of the norm on the tourist-recreational concessions also to the tourist ports. The three associations have remembered that the norm has modified a posteriori the terms of contracts signed from the investor with the State, that the huge investments connected to the realization of these previewed for play hooky a specific legislation recognizing works and the different nature of the same concessorio title regarding that of the bathing concessions. "In particular - they have specified UCINA, Assomarinas and Assonat - its retroactive application has returned the resource to the Constitutional Court indispensable since seems to violate the constitutional norms to defense of the economic initiative".

UCINA, Assomarinas and Assonat have evidenced that "the sentence of the Supreme Court, than will meet next 10 January, will be decisive for survival of 26 tourist harbour structures between the greater ones of the Country".

"After the Monti tax, cancelled because against 22 million euros embedded it has produced a hole of 800 million in the cases of the state treasury caused from the escape of 40.000 boats - they have found the three associations - this risks to being a new blow for all the row of the nautical one, than just in recent months it is exiting from a serious which lasted crisis six years. This situation - they have specified UCINA, Assomarinas and Assonat - has caused to a decennial legal litigation that until now it has always seen to win the tourist ports - in the various civil and administrative centers - and that the Council of State, confirming the reasons of the recurrent ones, has sent back to the Constitutional Court".

The three associations of the industry and nautical portualità have illustrated the possible economic impact of an eventual adverse decision to the tourist ports: "on one side - they have explained - there is an estimable cost in 3,6 million for the State, change for the budget, from the other a damage for the greater state treasury of 54 times. The enterprises of the tourist portualità that have appealled the retroactive application of the normative new on the state property canons are 26 for 15.000 places boat total: ten are the smaller structures, from 100 until 500 places boat, 16 those greater ones from 501 to 980 places boat. The annual increases of the state property canons go from 45.000 to 75.000 euros, for the smaller structures of the belt, and from 100.000 to 250.000 annual euros for the greater structures. The jettison at sea that the state treasury can obtain is pairs to 3.595.000 euros the year. In fact, second the data of National the Nautical Observatory (agency of survey, study and recognized monitoring of the diporto nautical from the Ministry of Transportation), the economic induced one to risk is pairs to 185 million euros, sum that obtains multiplying induced medium annual of the 12.300 euros generated from each unit for the places boat that are interested by the event. Moreover, always second National the Nautical Observatory, in average plays hooky tourist generates occupational inducing of 92 units, therefore in argument there is the survival of job 2.484 places, than counting the solo the direct proceeds of the state treasury four million euro are worth about other".

The three associations have remembered that if "the Financial law of 2007 (art. 1, codicil 252, of the law n. 296 of 2006) have arranged the application of the criteria previewed for the tourist-recreational concessions also to the tourist ports, repealing the normative precedence applied to the marinas (contained in art. the 10, codicil 4, of the law 27 Decembers 1997, n. 449), that it previewed a mechanism of informed calculation to criteria stimulating for the investments with inversely proportional canons to the value of the investments", "the Council of State has evidenced that relative the concessori relationships to the tourist ports must be regulated from the concession, because the canon is fixed from the concessorio action "taking into consideration the balance economic-financial of the investment" and that the concession: it according to arranges to the payment of a canon "to update anniversary of the enforced norm"; he previews that the concessionaire will have to complete the execution of the works that is obliged to construct within a determined period; he previews total investments for million tens euro; to the cessation of the concession, also for renunciation, the erected, complete works of all the accessories and the pertinences, will remain "in absolute property of the State without to the concessionaire are up some indemnification"; in application of the normative new, in the duration of the concession the amount total of the canons at the expense of the concessionaire would increase of about five times and, seen the total margin of the initiative previewed from the approved of plan economic-financial during release of the same concession, this would return the various margin negative for million euro".

Moreover UCINA, Assomarinas and Assonat have remembered that, in finding the substantial diversity between the bathing concessions and that relative to the realization and management of structures for the nautical one from diporto, the Council of State also "has evidenced that: the tourist-recreational concessions are in elevated number very more and usually involve modest investments at the expense of the concessionaire and are characterized by paltry canons, on which the legislator it is taken part in 2006 in order to realign them with the fair market values; the concessions for the realization and the management of structures for the nautical one from diporto are in number much minor, demand huge investments for the realization of the structural works, that they will be then acquired free of charge from the Federal property, and that, for the managerial engagement, they demand a economic-financial plan of long period balance; the criterion of fixation of the amount of the canon, characterized to the action of the concession, is a determining element of the plan economic-financial defined taking into consideration the importance of the investments; the norm in question, applied to the concessions in course, appears to violate art. the 3 of the Constitution for the twofold profile of the equal treatment of unequal situations and of the lesion of the principle of constituent legal safety of I legitimize confidence; there is also a possible violation of the principle of I legitimize confidence ingendered in the concessionaires on the economic-financial stability of the long period balance; the application to the concessions in course could damage regarding art. the 41 of the relative Constitution to the freedom of economic initiative, since bringing the unreasonable effect to frustrate the entrepreneurial choices modifying the constituent elements of the relative contractual relationships in being".