The REGIONAL ADMINISTRATIVE COURT has rejected the resource of AP of Venice in order to block the terminal project cruises of Duferco and DP Consulting



The Regional administrative court of Veneto has rejected to the resource proposed from the Harbour Authority of Venice (now Authority of Harbour System of Mare Adriatico Settentrionale) regarding Duferco Development, Duferco Engineering and DP Consulting with the scope to obtain the cancellation of the positive opinion with express prescription on November 25, 2016 from the Technical Commission VIA of the Ministry of the Atmosphere on the project Venis Cruise 2,0, that he is introduced by these societies in 2014 and that previews the realization of a new terminal cruises near Bocca of Lido, from which the passengers would come then carried to the Marine Station of Venice on board of motor-ships.

The initiative of Duferco and DP Consulting was born with the objective to exceed constraints to the crocieristico traffic to Venice sets up with decrees Clini-Passera of 2012, with the consequent no thoroughfare in the Basin of San Marco for the cruise ships of beyond 40 thousand tons of tonnage, and therefore to realize a landing place useful to inside avoid the income of the cruise ships of the Lagoon of Venice. According to the forecasts, the project involves an investment of 127,4 million euros in order to realize the terminal and the participations accessories and to construct a landing place in a position to at the same time accommodating five great cruise ships and three ships of smaller dimensions and to annually enliven a million traffic two passengers.

Between the disputes formulated in the resource from the Harbour Authority - law in the judgment of the REGIONAL ADMINISTRATIVE COURT - denounced "the radical deficiency, under multiple profiles, of the legitimizing foundations the start of the procedure of VIA by such societies, so as a "series of serious deficiencies and contenutistiche omissions" of the same project".

In the judgment the REGIONAL ADMINISTRATIVE COURT of Veneto emphasizes among other things that if the Technical Structure of Mission of the Ministry of Infrastructures and the Transports evidenced that "the harbour Authority had certainly to consider subject actuator of the called participation "adaptation of the Channel Contorted", but this - specific the sentence - did not exclude that you they could be "distinguished progettuali proposals" for the realization of the same infrastructural strategic objective of which to "Attached XI Infrastructures approved of from the CIPE in date 1 August,2014", object of understanding "during unified Conference State-Regions happened on April 16, 2014".

"Well - the judges of the REGIONAL ADMINISTRATIVE COURT observe - the which charged subject of the comparative appraisal of all the progettuali solutions "introduced by the several subjects, private publics and" for the "realization of the navigable way alternative to the passage in front of San Marco of the ships of advanced tonnage of the 40,000 tsl" are, in truth, the Ministry of Infrastructures and the Transports, invested of such role directly from the Senate of the Republic, which had engaged the government "to start the comparative appraisals of the solutions introduced within 30 days" and "to conclude them within three months (…)"(cfr. agenda of the Senate of the Republic, on February 6, 2014)".

"Running of such agenda - the sentence continues - the MIT, with note on February 14, 2014 directed to the Harbour office of Venice, therefore had sped up the acquisition of the progettuali solutions alternatives to subject to own comparative appraisal. In this perspective the project Venis Cruise 2,0 came subordinate from proposing to a new appraisal of the competent CTVIA, which indicated in the detail the contents of the study of environmental impact ("IS") to deepen and to develop to the aims of the premise of the request "former articles. 165, 167, codicil 3, and 183 of the d.lgs n. 163/2006" (to seem n. 1689 on December 19, 2014). Duferco Development and DP Consulting introduced, therefore, in 9 date April 2015 the request for the appraisal of environmental impact to the MATTM that concluded with the positive opinion "with prescription" in 25 date November 2016, impugnation object".

"From the reconstruction of the procedural sequence as soon as it turns - the REGIONAL ADMINISTRATIVE COURT of Veneto emphasizes - it turns out therefore obvious that the controinteressate today's societies were legitimized, in proposing qualities of private subjects, to activate the procedure VIA special of which to the articles. 165 and 183 of the d.lgs n. 163/2006, and this in performance of the actions presupposed over recalled that they characterize in the MIT the subject addressee of the relative project".

We remember that last November to Rome the interdepartmental Committee of address, coordination and control on the Lagoon of Venice had agreed to characterize to Marghera Port the landings place of the cruise ships that they have as Venice destination ( of 8 November 2017).