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The Council of State gives reason to the AdSP of the Southern Adriatic in the dispute with the CBS-Damarin yard
The Consortium Reunited Yards of the Mediterranean has introduced request in order to obtain the entire compendium occupied from the two defaulting societies
October 18, 2019
The Authority of Harbour System of Mare Adriatico Meridionale has announced that, with two decrees deposited today, the Council of State has rejected the requests with which the CBS societies Yards Balsam Shipping and Damarin, already declared decayed for nonperformance from the marine state property concessions that occupied near the port of Brindisi, had asked to suspend the order of adopted evacuation from the AdSP.
The harbour agency has specified that the judges, excluding that if under investigation a prejudice for the two defaulting societies can be ravvisare, "being the slope of negotiations in course between the parts for the spontaneous release of the assets for which it is cause, and that to the state, as he emerges from the actions of the issue, such negotiations is in advanced state, sicché the obstacles now which invoked from CBS and the Damarin are not susceptible of refluire in the gravity and urgency that legitimate the concession of the demand precautionary measure", they have shared the reasonings of the harbour authority and the Consortium Reunited Yards of the Mediterranean. This last one, constituted between the Neapolitan Societies Operation, S. & Y. and Marine Management & Supplies - the AdSP has remembered - has introduced a formal request in order to obtain the release of the regarding concession among other things the entire compendium occupied from the two defaulting societies, engaging, particularly important circumstance, in case of favorable outcome of the preliminary investigation, to absorb in the own organic riveniente staff from the two decayed declared society from the respective concessori titles, for a total number of 19 workers, and to correspond to the AdSP the not paid canons of concession from CBS and Damarin.
The harbour authority has still remembered that the societies brindisine CBS and Damarin were declared decayed for nonperformance from the concessions of which they were titular for the lacked payment the concession canons and for other nonperformances and that legitimacy of the forfeiture provisions was confirmed by the REGIONAL ADMINISTRATIVE COURT Apulia - Bari, with two sentences of the 2017, adverse one which were proposed appeal to the Council of State. Parallel, of the dispute it was invested, upon request of the Fiom Cgil of Brindisi, the Committee for the Monitoring of productive the economic System and the Areas of crisis, instituted near the Presidency of the Region Apulia, near which various reunions in the attempt have been carried out to estimate the better solution that the protection of the occupational levels allowed. Moreover, more recently, the issue is faced jointly by the AdSP, Committee SEPAC and the Prefecture of Brindisi in ulterior svoltesi reunions near the Territorial Office of Government of Brindisi.
With the request the Consortium Reunited Yards of the Mediterranean is proposed to develop the exercise of shipbuilding activity of and naval maintenance and marine engines, let alone activities of metal structure for installations off Shore, refitting of commercial ships and from diporto. The AdSP has evidenced that with its pronunciamento the Council of State has shared substantially the reasoning of the defenders of the AdSP and the Consortium Yards Reunited second which an interruption of the procedure interim for the consent of the concession to a new entrepreneurial subject could have determined the supervened disinterestedness of the economic operator, with ominous consequences for the protection of the occupation and the other interests publics, also revenue, right protected from the harbour agency.
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