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24 January 2025 - Year XXIX
Independent journal on economy and transport policy
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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
FROM THE HOME PAGE
Container traffic at the Port of Los Angeles grew by 19.3% last year
Los Angeles
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HMM signs agreement with JNPA to collaborate on development of new Indian port at Vadhvan
Seoul
The port will have a container traffic capacity of 23.2 million TEUs
EU customs reform must make trade and business easier
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23 organizations underline this in a joint statement
Launch in Ancona of the luxury cruise ship Four Seasons I
Trieste
Fincantieri to deliver the unit to Four Seasons Yachts at the end of 2025
Launch event in Brussels of the European Maritime Skills Forum
Brussels
In 2024, the port of Tanger Med handled a record traffic of 10.2 million containers
Anjara
New peaks also in other business segments
South Korea's KSOE wins order to build 12 18,000 TEU containerships
Seoul
HD Hyundai Heavy Industries' turnover increased by +21.1% in 2024
Fire breaks out on the Rospo Mare B oil platform off the coast of Vasto
Rome
There were no injuries or traces of pollution in the sea
Galaxy Leader Sailors Freed
London
Today the 25 crew members left Yemen on board a plane
Contract with Russian company that managed Syrian port of Tartous terminated
Damascus
The agreement included investments of 500 million dollars
Brussels OKs DP World-Arcese Automotive Joint Venture
Brussels
Initially, the activity will be carried out in France and Poland
Royal Caribbean orders sixth Edge-class cruise ship at Chantiers de l'Atlantique
Miami/Saint Nazaire
It will be taken over in 2028
Louis E. Sola is the new chairman of the Federal Maritime Commission
In 2024, ship transits through the Suez Canal decreased by -50%
Ismailia
The total was about 13,200 units compared to over 26,400 in 2023
Uiltrasporti urges to restore measures to support rail freight transport
Rome
Definitive cancellation of the 65 million fund from the Budget Law
The Trump unknown also weighs on the Panama Canal
Washington
While the tycoon dreams of taking it over with weapons in hand, a bill proposes to start negotiations with the Panamanian government
FSG bankruptcy trustees announce interest from multiple investors in shipbuilding group
Rendsburg/Flensburg
These are German companies operating in the same sector
Port of Long Beach closes 2024 with new annual, half-year and quarterly container traffic records
Long Beach
Total freight traffic also reached a new historical peak during the year.
The Biden administration's latest move is to accuse China of seeking dominance in the maritime, logistics and shipbuilding sectors
Washington/Beijing
Harsh reaction from Beijing's Ministry of Commerce and the China Shipyards Association
The AdSP of the Central Tyrrhenian Sea confirms the commitments made towards its employees
Naples
The organization hopes "that a climate of relaxation can be restored"
Uniport, exemption from compulsory insurance for vehicles used in port terminals is a good thing
Rome
Hanoi government authorizes initial investment for new port planned by MSC and VMC
Hanoi
Vietnam Port Development Plan to 2030 Approved
Filt, Fit and Uilt announce a resumption of the strike of the workers of the AdSP of the Central Tyrrhenian Sea
Naples
New protest action scheduled to start on February 3rd
Annual container traffic at PSA port terminals exceeds 100 million TEU for the first time
Singapore
Record in both Singapore and overseas terminals
Confitarma calls for the urgent reinstatement of the rule on simplified recruitment of seafarers
Rome
Sisto: Simplification has proven to be an important step forward for the sector
Sharp drop of -17.1% in freight traffic in the port of Taranto in 2024
Taranto
In the last quarter alone the decline was -3.0%
Container traffic in Hong Kong port decreased by -4.9% in 2024
Hong Kong
In the fourth quarter alone, 3.5 million TEUs were handled (-2.7%)
New NATO mission to strengthen protection of undersea infrastructure in the Baltic Sea
Mons
The use of a small fleet of naval drones is also planned
In 2024, the port terminals of China's CMPort handled a record container traffic
Hong Kong
The total was 146.3 million TEU (+6.4%)
Yang Ming also renews service between Western Mediterranean and US East Coast
Keelung
In Italy stopovers in Salerno, La Spezia, Genoa and Vado Ligure
Twelve associations call for agreeing on measures to improve rail capacity management in the EU
Brussels
Genoa Port Terminal, green light for provisional concession until next June 30
Genoa
The Management Committee of the Western Ligurian Sea Port Authority has unanimously decided this
In 2024, passenger traffic managed in Genoa by Stazioni Marittime decreased by -4.4%
Genoa
Ferries stable and cruises down -9.8%. Cruise activity expected to increase in 2025
CMA CGM to remove Livorno calls from Amerigo service, replacing them with calls at Salerno
Marseille
New configuration in line with that of the Ocean Alliance partners
From April, Ocean Alliance ships will call at seven Italian ports, four of which will be visited only by COSCO/OOCL
Shanghai/Hong Kong/Taipei/Marseille
Salerno will enter and Livorno will exit the new configuration of the containerized maritime services network
Leonidsport (Louis-Dreyfus family) submits offer to acquire 21% of Thessaloniki Port Authority
Athens
The expected investment is up to approximately 57 million euros
MSC presents a new request for the management of cruise traffic in Ancona which includes the construction of a maritime station
Ancona
The duration of the proposed concession is 35 years.
In 2024, the growth of general cargo in the port of La Spezia more than offset the decline in bulk cargo
The Spice
In the port of Marina di Carrara the annual traffic decreased by -0.4%
Proposal by 47 governments, the EU Commission and ICS for the creation of an IMO fund for the decarbonisation of shipping
London
It could come into force in early 2027
The unions confirm the three-day strike of the workers of the AdSP of the Central Tyrrhenian Sea
Naples
The protest action is scheduled for January 31, February 3 and 4.
Rolls-Royce wins record contract for Royal Navy submarine fleet
London
Eight-year, £9bn contract
Transported, the DURC in road transport is used to avoid paying for services
Rome
The rules - the association denounces - are openly violated by the clients
Kombiverkehr restores rail link between Lübeck port and Verona
Frankfurt am Main
Schedule two departures per week in both directions
AD Ports signs deal to build logistics park at Alexandria Port
Cairo
The business will be developed with the Holding Company for Maritime and Land Transport
The Panama Canal is and will continue to be Panamanian
Davos
This was underlined by the president of the Central American nation, José Raúl Mulino
Autamarocchi acquires control of Dissegna Logistics
Trieste
The Rossano Veneto company operates in the intermodal transport sector
Rubboli (Assologistica): Italian ports need more efficient and coordinated governance
Milan
Port of Ravenna, incentives for the purchase of "green" port vehicles
Ravenna
Maximum ceiling of 300,000 euros for each beneficiary
20% of Omani Asyad Shipping Company's capital up for sale
Muscat
Listing on Muscat Stock Exchange expected
Order to Circle for the management of data relating to rail and intermodal traffic of a port
Milan
ANSFISA adopts guidelines for the assessment and risk management of the rail transport of dangerous goods
Rome
Over 217 kilos of cocaine seized in the port of Livorno
Leghorn
They were hidden in a container containing wood from South America
Merlo leaves the presidency of Federlogistica to Davide Falteri
Rome
Logistics - he underlined - is one of the drivers of the national economic system
Germany is studying a network of floating terminals for the import of clean hydrogen
Berlin
Memorandum of understanding signed by SEFE and Höegh Evi
The executive design service for the reclamation of the Molo Italia seabed in La Spezia has been awarded
The Spice
Fratelli Cosulich orders fourth methanol-ready unit
Genoa
It will be built by Taizhou Maple Leaf Shipbuilding
In Spain, a logistics network for rail transport of biofuel to ports is being studied
Madrid
Agreement between Adif and the Exolum Group
MSC Interested in Starting Shipbuilding and Repair Business in India
Gurgaon
Comparison with the naval engineering company Swan Defence And Heavy Industries
Luka Koper has ordered four new rubber-tyred gantry cranes from Konecranes
Coper
They will be the first vehicles powered exclusively by electricity at the Slovenian airport
LNG and bio-LNG bunkering vessel arriving at the port of Genoa
Genoa
It will be able to provide both "ship-to-ship" and "ship-to-truck" services
Last year, cargo traffic in Russian ports decreased by -2.3%
St. Petersburg
The largest volume of cargo, exports, fell by -1.9%
Höegh Autoliners secures two multi-year contracts for car transport
Oslo
Agreements with two car manufacturers with which it has been collaborating for years
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Malta sees record cruise traffic in 2024
Florian
357 ships docked for a total of over 940 thousand passengers
Cavotec to provide electrification systems and technologies for Italian ports
Lugano
Three orders worth a total of seven million euros acquired
Pirate attacks on ships decreased by -3% last year
London
In the last quarter, an increase of +76% was recorded
COSCO Shipping Ports Sets New Annual and Quarterly Container Traffic Records
Hong Kong
In the whole of 2024, 111.9 million TEUs were handled (+5.7%)
Alberto Maestrini (VARD) elected President of SEA Europe
Brussels
The association represents the European shipbuilding industry
Molo Brin areas in Olbia handed over to Quay Royal
Construction of a marina for mega yachts is planned
Port of Singapore Sets New Container and Non-Oil Bulk Records in 2024
Singapore
The Asian port handled a total of 622.7 million tonnes of goods (+5.2%)
The Italian Maritime Academy Technologies has acquired a new technical headquarters
Castel Volturno
Includes a 37-meter, 100-ton command bridge with 1:1 scale operating environments
A huge load of 110 kilograms of cocaine seized in the port of Gioia Tauro
Reggio Calabria
If placed on the market, it could have earned criminal organizations 20 million euros
Unifeeder triples its market share of intra-Mediterranean container services
Dubai
Fincantieri Completes Acquisition of Leonardo's Underwater UAS Business
Trieste
The 287 million euro fixed component of the purchase price was paid today
Wallenius Wilhelmsen to operate ro-ro terminal at Port of Gothenburg
Oslo/Gothenburg
12-year concession contract
The Bulgarian Shipowners' Association has joined the European Community Shipowners' Associations
Brussels
BSA is the twenty-second member of the European Shipowners' Association
Strike by Central Tyrrhenian Sea Port Authority staff suspended
Naples
The meeting between the unions and the general secretary of the port authority was a success
Mercitalia Rail begins rail transport from Reggio Calabria of trains for the Milan Metro
Reggio Calabria
They are approximately 106 metres long and weigh over 180 tonnes.
PSA Venice - Vecon achieves gender equality certification
Genoa
It is the first Italian container terminal to obtain the certification
Maria Teresa Di Matteo, head of the Department for Transport and Navigation, has passed away
Rome/Gioia Tauro
Mattioli: it was an important point of reference for the entire Italian maritime cluster
Green logistics, the Northern Tyrrhenian Sea Port Authority extends the deadline for the tender
Leghorn
It awards non-repayable grants up to a maximum amount of 300,000 euros
Medcenter Container Terminal orders 20 new hybrid struddle carriers from Kalmar
Helsinki
They will be delivered within the first quarter of 2026
The intermodal service connecting the Italian terminal of Melzo with the Dutch one of Moerdijk has started
Melzo
Three weekly circulations operated, which will increase to four from April
COSCO expects to close 2024 with +95% growth in net profit
Shanghai
EBIT expected at 69.9 billion yuan (+90.7%)
Catania-based F.lli Di Martino has acquired 160 new loading units produced by Piedmont-based SICOM
Cherasco
This year the Cherasco company celebrates 50 years since its foundation
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
The annual assembly of Federlogistica will be held in Rome on January 21st
Rome
The theme is: "Intelligent Logistics. If Artificial Intelligence Breaks Into the World of Logistics"
A conference on the implications of geopolitical crises for ports and maritime transport in Venice on Thursday
Venice
It is organized by Ca' Foscari University and the AdSP of the Northern Adriatic
››› Meetings File
PRESS REVIEW
Kuwait approves Chinese company for port operations
(AGBI - Arabian Gulf Business Insight)
Iran signs over $1.8b investment contracts with private sector for ports development
(Tehran Times)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Uiltrasporti Campania accuses the heads of the AdSP of the Central Tyrrhenian Sea of having assumed a provocative and totally closed attitude
Naples
Attempt - the union denounces - to downplay the real reasons for the strike
Medlog signs partnership agreement to build dry port and logistics area in Egypt
Cairo
The affected area is approximately 102 hectares
In the last quarter of 2024, OOCL revenues grew by +55.0%
Hong Kong
Containers transported by the fleet increased by +6.1%
Filt Cgil urges to throw away the Antitrust Authority's proposal on port work
Rome
D'Alessio: the AGCM has not at all analyzed the real dangers for the integrity of the principle of competition
Strong annual revenue growth for Evergreen, Yang Ming and WHL companies
Taipei/Keelung
Revenue growth also accentuated in the fourth quarter of 2024 alone
Industrial reconversion works to begin soon at the "ex Yard Belleli" site in the port of Taranto
Taranto
The intervention has a value of 135.3 million euros
The Northern Tyrrhenian Sea is the first AdSP to equip itself with the Anti-Violence Strategic Plan
Leghorn
The aim is to prevent discriminatory and violent phenomena within the institution.
Greek Navarino Acquires Dutch Castor Marine
London
Both companies develop information technology and communication solutions for the maritime sector
The annual assembly of Federlogistica will be held in Rome on January 21st
Rome
The theme is: "Intelligent Logistics. If Artificial Intelligence Breaks Into the World of Logistics"
Trade mission in Vietnam by Spediporto, AdSP and Municipality of Genoa
Genoa
Meetings scheduled in Ho Chi Minh City and Danang
In 2024 Interporto Padova recorded a record intermodal traffic of almost 412 thousand TEU (+6.5%)
Padua
Tender for the development of cruise activities in the Greek ports of Katakolon, Patras and Kavala
Athens
The issuing of concessions with a minimum duration of 30 years is foreseen
Commander Emanuele Bergamini is the new president of USCLAC
Genoa
Gianni Badino was elected president of the USCLAC-UNCDiM-SMACD unitary union
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