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24 February 2025 - Year XXIX
Independent journal on economy and transport policy
02:29 GMT+1
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Original news
With the ruling on SECH-PSA the State Council confirms that the competition is being implemented "in an area of greater geographical breadth than the single port airport."
The appeal of Spinelli, which has however been rejected in the merits, declared admissible
Roma
October 17, 2023
With a judgment published yesterday, the Council of State welcomed, declaring it permissible but rejecting it in the merit, the appeal lodged by the port and logistics group Spinelli against the judgment of the Regional Administrative Tribunal for Liguria which-recalls the judgment of the Council of State-declared inadmissible its appeal for the annulment of the acts with which the Port System Authority of the Western Ligurian Sea had authorized the change in the corporate control of Terminal Containers of the Port of Genova-SECH and the stock redevelopment of PSA Genova Pshall, already Voltri Terminal Europe, terminalist companies of the port of Genoa operating both in the container segment ( of the January 28 2022). The State Council recalls that with its own appeal the company Spinelli deduced that the corporate operation would involve the formation of a dominant position in the port of Genoa, in violation of the law January 28, 1994, no. 84 ("Reorder of port legislation") " for the effect of the assignment to a single economic subject of the use of areas intended for the area's terminalistic activity of approximately mq 1,400,000, equal to 62.6% percent of that overall available within the same stopover (mq 2,235,000) ".

The ruling also remembers that Tar had declared inadmissible the appeal " for a lack of interest in acting ex art. 100 cod. proc. civ. in view of the achievement of a legally relevant utility. This under the double-profile, inferred from the impossibility for the applicant to acquire the areas in concession to the counter-concerned ; and oppositive, in reason of the absence of prejudices on the economic activity exercised by the same recurrent. According to the judgment, the latter had therefore acted in the judgment of the protection of "a general interest ' in the legality of the administrative action," consisting of maintaining competitive assays between firms with the terminalist activity in the port of Genova ".

The judgment of the Council of State notes that " in the merit of the matter, the censorship censures of the disposition of the last mentioned law, which is also assumed to be applicable to operations of a corporate nature such as that subject matter, are reproposed. litigation, and that in thesis, through a prohibition of an absolute nature of "double concession", would have the purpose of avoiding that within each port, to be considered a relevant market, we form situations of concentration capable of employing an entrepreneurial entity a dominant position in the exploitation of benches and equipment deputies to the handling of goods transported by ships in approdo. In this regard, it would be mistaken, in contrast to the literal tenure of art. 18, paragraph 7, of the Law January 28, 1994, no. 84, the notice expressed by the General Avvocatura of the State in consultation with the Resistance Port Authority, according to which the relevant market would not be the single port but the geographical area of reference (c.d. catchment area), in the specific case identified on the basis of the addresses of the European and national antitrust authorities in the ports of Genoa, La Spezia, I'm going and Livorno. Moreover, it is added in this respect-no assessment of the reflections of the contested corporate operation in this different relevant market has nevertheless been carried out by the Resistant PortuXX_ENCODE_CASE_CAPS_LOCK_Off Authority. Thus summarizing the censorship of which the appeal is composed, those directed to challenge the declaration of inadmissibility of the appeal for a lack of interest to act are founded, in the opposite way of those of merit. "

The Council of State notes that the Tar's judgment for Liguria "is framed in error in not having the interest underlying the present appeal to oppose the corporate transaction which has concerned active terminally active undertakings." in the same port stopover in which the recurring company operates. It is evident in fact that in its capacity as an economic operator the latter is entitled and has an interest in countering corporate operations which, according to its prospecting, would result in a restriction of competition in the sector. entrepreneurial in which the same appellant carries out its business activity. The lesion against which this is intended to react in the present court is in the case of species referred to the effect of concentration in favour of a single operator, albeit formally articulated in two companies, of a relevant share of areas port intended for the activity of handling goods, and therefore of an essential infrastructure for the conduct of the undertaking. As therefore it infers the appeal, the ex-art interest. 100 cod. proc. civ. on the basis of the appeal is that of an oppositive nature that the economic operator boasts compared to initiatives that are capable of negatively affecting the reference market, in which the same carries out its economic activity ; and that specifically in case subject matter of this judgment finds recognition in the multiple times recalled art. 18, paragraph 7, of the port law, which in the applicable version ratione temporis prohibited in an absolute way that an already concessionary undertaking of one area of the port was issued in concession to another "demanial area in the same port" for therein you will carry out the same activity. In the merit, nevertheless, the censures based on the provision of law now recalled are unfounded, as mentioned above. It is the highlight, which is mentioned in the above mentioned opinion of the State of the State, according to which in matters of port concessions, the relevant market is no longer limited to the individual port, but to the geographical area in which this is located ".

"The change in the perspective of assessments of respect for competitive assays in the conduct of economic activities within the port infrastructure," the Council of State said, first found regulatory recognition, with the reformulation of art. 18 of the port law under the Law for Competition August 5, 2022, no. 118. As a result of the mentioned regulatory intervention, "in ports of international and national economic significance", the prohibition of 'double concession' is subject to a regime derogatory case by case, with assessment " remittance to the System Authority Port ", which must take into account" the impact on the conditions of competition ". As underlined by the resisting parties, the system focused on the absolute prohibition, established by law (the paragraph 7 in its original wording), has been replaced by an imperative on the assessment of administrative character, to be carried out in concrete. The change was in turn induced by the criticisms of the original wording of the same paragraph 7 on which the censores of the recurring company are based, which is mentioned in the opinion of the Avvocatura general of the state. "

" In the same direction, the ruling by the State Council-the companies concerned have produced a measure by the Supervisor of Competition and Market (n. 27917 of October 21, 2019), which in a similar case made mention of the practice prevalent at the European Commission, in which the concept of 'zone of attraction' (cd) is invaluable. catchment areas) ", in which the" interchangeable ports "are placed from the point of view of the supply of port services, in relation" to the geographical location of the same and to the territorial proximity, the presence of road links and to the related costs of land transport, the infrastructure present and their degree of efficiency, as well as the existence of transhipment services " (§ 19). In this perspective, the definition of the "relevant market in port operations relating to the handling of goods" on the basis of the infrastructural features mentioned above is given, in reason of which the area of attraction may include ports that "within the same type of freight traffic, are distant between them from 200 and 300 km" (§ § 36 and 37). The supremacy of European law therefore imposes significant emphasis not already on the port, as in the past, but on the geographical area of reference (c.d. catchment area), in accordance with the rest with the reorganization of the system of port government and the establishment of the Port System Authorities in place of the original preposed authorities at the individual port. In this matter, it should be pointed out that in the present case, in the case of the effect of the corporate operation adversarial in this judgment, no competition restriction profiles have emerged at the level of the geographical area of reference. Contrary to what the appellant supposes, the profile has been specifically examined by the State's Avvocation, with assessment shared by the Port Committee in the deliberation above ( of the July 23 2020, ndr ), presupposed by the Presidential Decree of Authorization of Corporate Redevelopment which concerned the companies concerned. "

" Therefore, the Council of State (Council of State) does not refer to the same applicant's assumptions that the regulatory evolution of the system would have regard to the market for maritime services, in which it has the geographical area, from which it is, however, would remain distinct to that of the economic operators active at the port infrastructure, necessarily placed in the individual stopover. The thesis is fringed on the normative change recalled above. This in turn constitutes the taking note of the technical and economic developments of the economic sector in question, with the connected infrastructure enhancement and integrated logistics, and the consequent redefinition of the axes competitive in a broader sense, within the framework of a single European market with which there is a tendency to ensure the movement of capital on a transactional basis, the competitiveness of companies in the sector, and therefore to foster related investments aimed at increasing the efficiency of the supply of port services aimed at maritime carriers and more generally of trade. The contentious issue is paradigmatic in this sense, since, as it emerges from the acts and the agressions of the counter-stakeholders, the company redevelopment operation adversarial by the recurring company is stated to be motivated from the need to rehabilitate a struggling economic operator (Company Terminal Container Port of Genoa, formerly Sech), through its inclusion in a large group capable of strengthening its industrial capacity and financing. This aspect has also been under consideration by the Port Committee in the multiple times recalled deliberation on whose basis the authorization under appeal has been issued in the present judgment. "

"In this context, the port no longer represents the horizon in which the System Authority introduced with the reform of the sector is required to assess the dual concession ban, which is the availability of the system," the court said in a statement. areas equipped with the conduct of an economic activity in the service of maritime trade, which permeated the ratio of the original prohibition ex art. 18, paragraph 7, of the Law January 28, 1994, no. 84, constitutes one of the elements that contribute to the offer aimed at the carriers but not the only one. The competition is therefore in a larger geographical scope than the single port airport, so contrary to the support in this appeal, the supply of port services is absorbed into the wider range of services. maritime. "

" The circumstance that the regulatory changes under consideration are subsequent to the time when the contested measures were adopted-the judgment concludes-does not ultimately prevent them from attributing them in retrospect, and therefore to enuclearise reasons of legitimacy of the same through an interpretation of the previously existing national law in accordance with the fundamental principles and freedoms of the European Treaties. The appeal must therefore be accepted only in the part with which the declaration of inadmissibility of the appeal of the first degree is challenged, which therefore must be reformed, in the sense that this must be rejected in the merit. "
››› News file
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In the second half of 2024, freight traffic in the port of Venice grew by +15.3%
Venice
In the whole year, cruise passengers were 548 thousand (+7.8%)
In the last quarter of 2024, freight traffic in the port of Rotterdam decreased by -2%
Rotterdam
A decrease of -0.7% was recorded for the whole year.
HMM in talks to acquire compatriot SK Shipping
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Clean Maritime Fuels Platform suggests actions needed to make clean fuels available for shipping
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The AdSP will become the sole manager of railway shunting in the port of Ravenna
Ravenna
Extraordinary maintenance and investments in new infrastructure will remain the responsibility of RFI
Cargill and Hafnia joint venture in marine fuel supply
Singapore
Seascale Energy formed
Coast Guard authorizes use of batteries on board Italian flagged ships
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Adopted a risk assessment approach using EMSA guidelines
Joint venture between Marsa Maroc and TIL (MSC group) for the management of the eastern container terminal of the port of Nador West Med
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50% of the capital plus one share will be held by the African company
Shipping, lack of services and costs for goods checks give a bad reputation to the port of Genoa
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Botta: wasting time and money on various checks, not having certainty on the times of exit of the goods from the ports makes the situation unsustainable
In 2024, freight traffic in the port of Barcelona grew by +8.7%
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Sharp increase (+12.4%) in containerized cargo. In the last quarter alone, total traffic increased by +1.2%
In the second quarter of 2024, freight traffic in European ports began to grow again
Luxembourg
The main types of cargo are increasing with the exception of solid bulk. Sharp increase in volumes in Italian ports
Positive annual economic results for the HHLA terminal group
Hamburg
Last year, container traffic handled by port terminals grew by +0.9%
788 kg of cocaine seized in the port of Gioia Tauro
Reggio Calabria/Gioia Tauro
The AdSP protests against the downgrading of the local Customs office implemented at the same time as a significant increase in its functions
GNV to take delivery of last two of four ro-pax vessels ordered 11 months early
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Catani: modernization of port infrastructures, adoption of cold ironing and development of a LNG distribution network are necessary
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Maersk and Cochin Shipyard Partner Under Indian Government's Shipping Incentive Program
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The first repair of a Danish group ship at the Indian plant during 2025
Federagenti, speed up dredging by using waste material in port facilities
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Pessina: the case of La Spezia and Genoa can provide an immediate and effective solution
Contract awarded to Maestral (Fincantieri - EDGE) for the management of the fleet of the United Arab Emirates Navy
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The order is worth 500 million euros
T&E, remove deforestation-related biofuels from shipping decarbonization strategy and limit those produced from food crops
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Dijkstra: IMO should consider climate impact of ‘bad’ biofuels
ICS confident about outcome of next week's IMO meeting on decarbonisation of shipping
In 2024, freight traffic in the port of Genoa fell by -1% while in Savona-Vado it grew by +7%
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Cruise passengers down by -11%
Last year traffic in the port of Koper increased by +3.0%
Ljubljana
Containerized goods were over 9.4 million tons (+5.6%)
Assarmatori, the ok to the recruitment of crew members by the ship's commander is good
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Messina: We ask that the measure becomes structural
In 2024, the port terminals of the Moroccan Marsa Maroc handled a record volume of goods
Casablanca
Historic peak of containers with 2,898,779 teu (+13)
ECSA, A4E and T&E urge EU Commission to promote clean fuels for maritime and aviation
Brussels
Raptis: We need huge investments, certainties and simplification of access to public and private funding
Kalmar's annual business and economic results decline
Helsinki
Sharp increase in new orders in the last quarter of 2024
In the fourth quarter of 2024, ship traffic in the Suez Canal decreased by -53.5%
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Tankers fell by -42.9% and other types of vessels by -58.1%.
Evergreen Invests Nearly $3 Billion in 11 New 24,000-TEU Containerships
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Taiwan's three major container shipping companies continue to grow in revenue
Confitarma, the current regulatory framework for port towing services is more than fine
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Last year, cargo traffic in Croatian ports decreased by -10.1%.
Zagreb
Record number of line passengers and cruise passengers
MSC Reorganizes Two Transatlantic Services Between Mediterranean and US East Coast
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Nine-day transit time between the port of Genoa and that of New York
Danaos Corporation revenues surpass $1 billion for the first time in 2024
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Annual net profit decreased by -8.0%
Ro-ro traffic and regional routes increasingly important for the development of the port of Ancona
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Research presented on the potential of the Marche port
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In the fourth quarter alone the increase was +53%
AP Moller Capital - Bergé y Compañía Agreement to Invest in the Port Sector in Spain and Latin America
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HHLA signs collective bargaining agreement with ver.di
Hamburg
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The Northern Tyrrhenian Sea Port Authority suspends Istat variations on concession fees
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Maestripieri (CISL Liguria): the ports of Genoa and Savona-Vado need a president
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Nova Marine Carriers, Aug. Bolten and Ership Acquire Maja Stuwadoors Groep
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The Dutch company operates a bulk terminal in the port of Amsterdam
In 2024, container traffic in the port of Algeciras decreased by -0.5%
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Neapolitan journalist Bianca D'Antonio dies at 83
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Point of reference for courtesy and professionalism also for the shipping sector
The AdSP of the Eastern Ligurian Sea has joined the National Observatory for the Protection of the Sea
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Tomorrow in Naples a conference of studies on the fight against illicit trafficking by sea
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It will be held at the University of "Parthenope"
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Port of Livorno, in 2024 rail traffic grew by +10.4%
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Rail share of freight volumes moved rose to 19%
Contract for the immersion in the Ancona reclamation basin of the dredging sediments of the ports of Fano and Numana
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Federlogistica, the closure of the Busalla motorway toll booth could put logistics in crisis in the North West
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Last year, cargo traffic in Montenegrin ports increased by +2.2%
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On February 20th the first call at the port of Mumbai with the PCTC "Grande California"
One million euros for the reduction of the amount of anchorage fees in the port of Gioia Tauro
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The AdSP of Eastern Liguria agrees on the need for buffer areas for the ports of La Spezia and Marina di Carrara
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Conference "Iron-Rubber-Water: Intermodality and the Port of Genoa"
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Fratelli Cosulich has acquired a controlling stake of 62% of the capital of Femo Bunker
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It has an annual turnover of over 70 million euros
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Nola Interport, in 2024 intermodal traffic grew by +18%
Nola
Road freight traffic stable
MSC Cruises' new cruise terminal in the port of Barcelona has become operational
Barcelona
It will be officially inaugurated in the next few months
In January, the port of Singapore handled 3.5 million containers (+5.8%)
Singapore/HongKong
Container traffic in the port of Hong Kong decreased by -10.5%
The "mole" for the Bisagno torrent spillway tunnel has arrived in the port of Genoa
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It is composed of three main pieces of 196 tons
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Reorganization of the Bora Med Service line with the inclusion of stopovers in Syria
Assoporti at the Fruit Logistica fair in support of the Italian fruit and vegetable sector
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Record export value of 6.1 billion euros in 2024
Cargo traffic in Russian ports fell by -1.6% in January
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Only import loads are growing
First Newbuild Container Ship Owned by ONE Christened
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Call for proposals for the enhancement of the Tuscan Port Community System
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UBV Group buys International Services and Logistics Nardi
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The Milanese company has been operating in the shipping and integrated logistics sector since 1949
New logistics area in the Milanese hinterland
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In 2024, container traffic in the port of Valencia increased by +14.1%
Valencia
Strong growth in transhipment (+18.8%)
Dutch Raben Group has acquired fellow Dutch DGO Express
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Among the initiatives planned for 2025, the relaunch of the container port of Cagliari
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Genoa
A series of celebratory events are planned
MPC Capital Acquires 50% Stake in Fellow City BestShip
Hamburg
The Hamburg company currently offers services to around 450 vessels
PORTS
Italian Ports:
Ancona Genoa Ravenna
Augusta Gioia Tauro Salerno
Bari La Spezia Savona
Brindisi Leghorn Taranto
Cagliari Naples Trapani
Carrara Palermo Trieste
Civitavecchia Piombino Venice
Italian Interports: list World Ports: map
DATABASE
ShipownersShipbuilding and Shiprepairing Yards
ForwardersShip Suppliers
Shipping AgentsTruckers
MEETINGS
Tomorrow in Naples a conference of studies on the fight against illicit trafficking by sea
Naples
It will be held at the University of "Parthenope"
In Ancona the conference "The port as a strategic development hub for the territory"
Ancona
It is scheduled for February 11th
››› Meetings File
PRESS REVIEW
Türkiye's largest shipping company moves to Greece, while tourism giant exits
(Türkiye Today)
Billions lost at sea: over-reliance on foreign shipping drains economy
(The News International, Pakistan)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Port of Chioggia, the call for tenders for the assignment of temporary port work service has been published
Venice
The optimal operational staff of the authorized company is set at 20 units
Hyundai Mipo Orders Four LNG Bunker Vessels
Ulsan/Tokyo/Oslo
Yara to lease new ammonia carrier from NYK
In Ancona the conference "The port as a strategic development hub for the territory"
Ancona
It is scheduled for February 11th
Improvement in the final part of the year is not enough for Eimskip to close 2024 positively
Reykjavik
Container traffic at HPH Trust terminals grew by +4.8% last year
Singapore
Revenues up +8.8%
Konecranes posts record annual and quarterly revenues
Helsinki
In 2024, the value of new orders fell by -3.9%
AD Ports - CMA Terminals Agreement to Manage New Multipurpose Terminal at the Port of Pointe-Noire
The Sustainable Intermodality Logistics Association renews its technical commissions
Rome
Francesca Fiorini confirmed as general secretary. 30 new members welcomed
Tarros activates a new rail link between the port of La Spezia and the Interporto of Padua
The Spice
The frequency is weekly
CMA CGM to continue operating container terminal at Syrian port of Latakia
Beirut
New contract with the General Authority for Land and Sea Ports
Costamare posts record annual and quarterly revenues
Monk
Last year, turnover increased by +37.9%
Fatal accident in the ship repair area of the port of Genoa
Genoa
Immediate strike by workers in the sector
The work on electrifying the docks of La Spezia is proceeding rapidly
The Spice
Federlogistica calls for temporary suspension of measure on new classification criteria for customs offices
Wärtsilä closes 2024 with record financial and commercial results
Helsinki
The value of new orders acquired in the year grew by +14%
DSV Group revenues increased in 2024, but not profits
Hedehouse
Air and sea shipments handled by the Danish company increased by +7.1% and +6.6%
Approved for the concession for the automotive terminal of Vezzani in Porto Marghera
Venice
25-year contract
Port of Ravenna, estimated growth of +12.9% of traffic in January
Ravenna
Over 1.9 million tons of goods moved
Container traffic in the port of Gioia Tauro increased by +12.5% in January
Joy Taurus
347,917 TEUs were handled
The Interporto of Jesi is part of the Unione Interporti Riuniti
Rome
The terminals of Melzo and Rubiera are new aggregate partners of the association
Cisl FP Liguria, the downgrading of the Customs offices of Genoa, La Spezia and Savona is absolutely unjustified
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