The Port System Authority of the Tyrrhenian Sea Settentrionale presented yesterday to its Management Committee A new proposal to restore peace in the traffic sector of passengers aimed at resolving the contrasts between the Port of Livorno 2000, which is part of the MSC and Onorato groups, and the Sintermar Darsena Toscana (SDT), a joint venture between Sintermar controlled by the group Grimaldi and Terminal Darsena Toscana (TDT). A dispute that the institution Portuale has long been trying to compose and that has been the subject of also of court rulings, the last of the as issued by the Council of State which at the end of last year dismissed Porto di Livorno 2000's action aimed at exclude, as the exclusive holder of the service concession passengers in the port of Livorno, the legitimization of others operators to carry out in port this same type of service.
The proposal presented to the Management Committee by the Chairman dell'AdSP, Luciano Guerrieri, and from the head of the procedure, Roberta Macii, expects to get to fully implement the tender which in 2018 saw Livorno Terminals (Onorato-MSC) enter as majority shareholder in Port of Livorno 2000 and to put an end to the litigation between the latter and Sintermar Darsena Toscana, authorized at the time to move passengers of Grimaldi Euromed ships on a concession area unrelated to those of Porto Livorno 2000. In essence, three months after the publication of the rejection also by the Council of State of the appeal brought in 2019 by Porto Livorno 2000 against the acts of the Authority of Harbour System that granted to SDT the root of the homonymous terminal authorizing it to move traffic ro-pax, the port authority has announced the intention to want formalize the assignment to the company Port of Livorno 2000 ownership of the maritime station service and assistance to passengers, reiterating, however, on the basis of the judgment of the supreme organ of administrative justice, which Service cannot be defined as exclusive or mandatory. 'Although I have recently updated the list of general interest, in which it has been included also that of reception of passengers - clarified the institution harbour in a note - the AdSP states that the concession issued to SDT will continue until the deadline. Therewith giving full application to the principle of tempus regit actum, in basis on which the dispute must be resolved according to current legislation at the time of the contested acts, when precisely Port of Livorno 2000 could not claim any exclusive right on the passenger handling'.
The harbour authority has also specified that "such Provisions will be implemented subject to and at the same time the formalization of a series of administrative actions. Will First of all, an act of reconnaissance of the configuration has been launched of the Port Regulatory Plan: in particular the Infrastructure works preparatory to the implementation of the project presented by Livorno Terminals during the tender, highlighting any interference and / or incompatibility. An updated schedule of interventions will be provided technicians who constitute the obligations of the administration related to the proposals for financial coverage of the interventions. A table will be set up with the company Porto di Livorno 2000/Livorno Terminals for sharing new assets projects for the purpose of updating the Economic Plan and financial of the concession together with the drafting of a new Schedule of works that the same company will have to provide within thirty days of receipt of the request. Downstream of the sharing of previous administrative actions, the AdSP will start the formalization of the Masterplan at the Municipality of Livorno for the common areas of competence'.