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PORTS
Assiterminal presents to the Regional Administrative Court its reasons against the increase in concession fees
Ferrari: parliamentary times contrast with the times, the context and the needs of terminalist companies
Genova
August 4, 2023
The director of Assiterminal, Alessandro Ferrari, announced
that the Italian Association of Port Terminalists presented to the
Regional Administrative Court for Lazio the intervention to
Adjuvandum requesting the annulment of the decree of 30 December
2022 of the Director General for the Supervision of Authorities
of Harbour System, maritime transport and waterways
internal of the Ministry of Infrastructure and Transport bearing
"Updates for the year 2023, of the unitary measures
of fees for maritime state concessions".
Specifying that the presentation of the intervention at the TAR
It was carried out 'noting that the
Amendments tabled by the majority on Decree-Law 75/2023
were rejected", Ferrari specified that Assiterminal
He loses "neither hope nor confidence in being able to
obtain even in September a standard that allows you to take a breath,
to be able to sit down at a table to finally review the criteria of
indexation of concession fees (from 2023)'.
Even if - he highlighted - "parliamentary times contrast
with the times, the context and the needs of companies
terminalists'.
Excerpt of the intervention ad adiuvandum deposited by
Assiterminal:
ETC. MO REGIONAL ADMINISTRATIVE COURT
FOR LAZIO - ROME OFFICE
V-ter Section
U.P. 17.10.2023
INTERVENTION AD ADIUVANDUM
In Case N.R.G. 6194/2023
In the interest of the association Assiterminal, Association
Italian Port & Terminal Operators (abbreviated as
"Assiterminal"), C.F. 95066500109, in person president
and legal representative pro tempore dr. Luca Becce, based
legal in Viale Padre Santo 5/8, 16122 Genoa
- Intervening ad adiuvandum
IN THE APPLICATION UNDER N.R.G. ...
PROMOTED BY
> (..)
AGAINST
> Ministry of Infrastructure and Transport, in the person of the
Minister pro tempore, represented and defended by the Bar
General of the State;
-Resistant
And
> (…)
- Unconstituted resistant
AS WELL AS AGAINST
> Ministry of Economy and Finance, in the person of the
Minister pro tempore, represented and defended by the Bar
General of the State;
> Agenzia del Demanio, in the person of its legal representative pro
tempore, represented and defended by the Attorney General of the
State;
- Counterparties
FOR CANCELLATION, AFTER SUSPENSION OF EFFECTS
- the Decree of the Director General for the supervision of
Port System Authority, Maritime Transport and
inland waterways of the Ministry of Infrastructure and
Transport of 30 December 2022, published in the Official Journal
of the Italian Republic, General Series, n. 31, 7 February
2023, containing "Updates relating to the year 2023, of the
unitary measures of fees for maritime state concessions";
- the other acts, better indicated in the epigraph of the application
(…)
THE LEGITIMACY AND INTEREST IN BRINGING PROCEEDINGS OF ASSITERMINAL
2.1 As highlighted above, Assiterminal represents
the associative expression of state-owned concessionaire companies
operating in the Italian port sector. It should be emphasized that the
totality of the "ordinary" associates is
holder of one or more deeds of state concession
maritime, issued by the authorities responsible for by law, in
first, but not only, by the Port System Authorities.
2.2 The contested measure is of a formal nature and
substantially administrative and dictates requirements immediately
preceptive, capable of directly damaging the position of the
recipients, that is, in this case, the companies holding
one (or more) maritime state concession, which is
always issued pursuant to art. 36 cod. nav., in combination
arranged with art. 6 and 18 of Law 84/1994.
2.3 As is known, the category of subjects to whom it applies
The contested measure is represented by the dealers
of maritime state property and the increase in the amount of fees
(+25.15%), as reported in the provision, is
binding and has no margin of discretion
in the application phase by the granting Administrations.
2.4 By means of this act of intervention ad adiuvandum,
Assiterminal intends to protect a homogenous interest common to the whole
Category of port undertakings operating by means of acts
concessionaires of maritime state property.
2.5 In the present case, because of the characteristics of the
Measure subject to scrutiny, it does not concern issues
concerning individual members or on issues capable of dividing
the category in contrasting positions, since it is a
general application and indeed concerns both undertakings without distinction
of the leisure tourism sector (such as that of the applicant
as well as companies in the port sector (represented
of today's intervener), in so far as they share the fact of
be holders of a concessionary deed pursuant to art. 36 cod. nav. having
object to object the maritime domain, whose discipline of
economic adjustment is "unique".
2.6 There is no doubt that a measure, such as
the one in question, which significantly alters, aggravating it, the
quantum of the due as a concessionary fee, affects everything
round on the entire entrepreneurial-port sector, of which
Assiterminal is, equally beyond doubt, the
Principal representative at national level.
(…)
P.T.M.
The present applicant in the qualities in acts, and by means of
of the undersigned defender,
ASKS
that this Ecc.mo Regional Administrative Court for the
Lazio, Rome office, contrariis reiectis, uphold the appeal
and, consequently, annul the Director's Decree
General for the supervision of Port System Authorities,
maritime and inland waterway transport of the Ministry of
Infrastructure and Transport of 30 December 2022, published
in the Official Gazette of the Italian Republic, General Series,
n. 31, of 7 February 2023, containing "Relative updates
to the year 2023, of the unitary measures of the fees for concessions
maritime state property) in any case, with victory of expenses and
skills to be distracted in favor of the undersigned Lawyers
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