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21 November 2024 - Year XXVIII
Independent journal on economy and transport policy
15:27 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
FROM THE HOME PAGE
New historical record of monthly container traffic in the port of Long Beach
Long Beach / Los Angeles
In October, strong growth in Los Angeles climbing activity.
ZIM records excellent quarterly economic performance driven by noli uptick and activity with Latin America
ZIM records excellent quarterly economic performance driven by noli uptick and activity with Latin America
Haifa
The fleet transported a record number of containers
In the third quarter, the Viking cruise group's revenues grew by 11.4% percent.
Los Angeles
Increase of 14.3% of turnover generated by ocean cruises
Signed the final agreement on the contract of port workers
Rome
Italian Antitrust initiates an investigation into SAS (MSC group), Moby and Large Navi Fast
Rome
According to the AGCM, competition restrictions may have occurred as a result of the 49% acquisition of Moby's capital by SAS.
T&E highlights the need to also count the well-to-tank emissions for LNG used by ships
T&E highlights the need to also count the well-to-tank emissions for LNG used by ships
Brussels
Total greenhouse gases produced would be more than 30% higher than those considered by the FuelEU Maritime Regulation
DFDS and Ekol are rethinking and agreeing on the sale of the Turkish company's international network to the Danish group
Copenhagen / Istanbul
Revised the terms of the deal expired on the first November
Slight downturn in freight traffic in the port of Hamburg in the third quarter
Hamburg
Stable container traffic
The Companies inform
Accelleron initiates partnership with Geislinger to expand service business in the Mediterranean region
Cargotec agrees to the sale of MacGregor to funds managed by Triton
Helsinki
Sale of the value of 480 million that is expected to be completed by the first half of 2025
In the July-September quarter freight traffic in the port of Koper increased by 8.3%
Lubiana
In the first nine months of 2024, the increase was 3.2% percent.
Ok of Ukraine's antitrust enforcement at the entrance of MSC in the capital of HHLA terminalist company
Kiev
The company operates the CTO terminal of the port of Odessa
Inaugurated the new Peruvian port of Chancay operated by China's COSCO Shipping Ports
Lima
Has 1,500 linear metres of docks
More than doubling the value of new orders acquired by Fincantieri in the first nine months of 2024
Trieste
The sunshine committed for shipbuilding grew by +154,3 percent.
Established the Ship Recycling Alliance to speed up the recycling of safe and environmentally friendly ships
Copenhagen
The initiative in view of the entry into force on June 26 of the Hong Kong International Convention
Kuehne + Nagel will acquire 51% percent of the capital of American IMC Logistics
Schindellegi / Collierville
US company mainly operates drayage services
In the third quarter of this year, Hapag-Lloyd's revenues grew by 28.2%
In the third quarter of this year, Hapag-Lloyd's revenues grew by 28.2%
Hamburg
Increase of 3.8% of containers carried by the fleet. Average value of nils up 22.9%
In the third quarter freight traffic in the port of Genoa decreased by -4.9% percent while in Savona-I went up by 15.7% percent.
Genoa
Decided increase in transshipment containers determined by the Red Sea crisis. Down the cruises
In the third quarter, HMM revenues increased by 67% thanks to the 83% growth in the container segment
In the third quarter, HMM revenues increased by 67% thanks to the 83% growth in the container segment
Seoul
+116% increase in the value of the average nole per container transported
Evergreen's quarterly financial performance hike
Evergreen's quarterly financial performance hike
Taipei
Taiwanese company invests 186.8 million to buy new shipping containers
In the third quarter, container traffic at the Eurokai port terminals grew by 9.9% percent.
In the third quarter, container traffic at the Eurokai port terminals grew by 9.9% percent.
Hamburg
In Germany (Eurogate) the increase was 13.6% percent. In Italy (Contship Italy) of 6.8%). Slowing growth at Tanger Med. Damietta terminal will become operational in April
Danaos reports a new drop in quarterly revenue generated by fleet of container carriers
Athens
Coustas : With the Trump administration, which has promised new duties, a future reduction in container traffic is possible
In the first ten months of 2024, the traffic of goods in Russian ports decreased by -3.2%
St. Petersburg
The dry goods amounted to 370.8 million tonnes (-3.5%), those liquids at 372.2 million tonnes (-2.9%)
Port of Ancona, in 2023, underlines the AdSP-container traffic grew by 5%
Ancona
The Port Authority disputes the data released by the Fedespedi Studies Center
Mr vard will build five support ships in the offshore industry.
Trieste
Designed to accommodate up to 190 people, they will be carried out in Vietnam
Alpe Adria activates new rail service between the port of Trieste and the Malpensa Intermodal terminal in Sacconago
Trieste
Euroseas order in China the construction of two 4,300-teu feeder container
Athens
Quarterly revenue from rentals inj growth of 5.8%
The Analysis of the Fedespea Studies Centre on economic and operational performance of Italian container terminals
Milan
GNV strengthens its business department with two nominees
Genoa
New business manager and new general manager of the company in Spain
On the former Carbonyl of the Port of Genoa, the yards of the foranea dam and the subport tunnel
Genoa
The AdSP Management Committee deliberated it yesterday.
In Genoa, the Graduation Day of the Italian Academy of Mercantile
Genoa
Delivered 50 diplomas at the end of the biennial and three-year formative course
On November 27 in Rome, the public assembly of UNIPORT will be held
Rome
Meeting on the theme "Italian Ports, a network of businesses in the service of the country and of Europe"
Roberto Nappi, founder and director for 40 years of "Corriere Marittimo", has died.
Genoa
His career had begun at the writing of the Telegraph in 1958
New EU sanctions to prohibit the use of ships and ports for the transportation of drones and missiles produced by Iran
Brussels
Masucci confirmed president of Italian Propeller Clubs
Genoa
New mandate for the three years 2024-2027
The seamen of the Galaxy Leader have been hostage for a year
London / Hong Kong
Platten (ICS) : It is unacceptable ; humanity prevails and they are immediately released
MSC will implement a markup of noli for maritime transport from the Far East to the Mediterranean
Geneva
Increases of 25% and 18% for containers from 20 'and 40' direct in the western Mediterranean and Adriatic
Completed the dual-fuel retrofit of a large container ship in Maersk
Copenhagen
He will be able to navigate methanol. Increased the hold capacity
Environmental authorization of the Region to dredging the quays from 19 to 26 of the port of Ancona
Ancona
The intervention will cost a total of 16.5 million euros.
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Conference of the CNEL on the Sustainability of Maritime Transport
Rome
It will be held on November 27 in Rome
Intermodal shipments between the port of Trieste and Slovakia are growing
Trieste
In the third quarter the container traffic handled by HHLA dropped by -2%
Hamburg
In Trieste the volumes processed by PLT Italy in the first nine months of 2024 have decreased
In October container traffic in the port of Hong Kong grew by 0.7%
Hong Kong
In the first ten months of 2024, a decline of -5.2%
In the July-September quarter freight traffic in the port of Civitavecchia fell by -11.8%
Cyvitavecchia
The Cruserists increased by 2.7%
Last month the port of Singapore handled 3.5 million containers (+ 8.1%)
Singapore
In the first ten months of 2024, growth was 6.2% percent.
MSC has completed the acquisition of the majority of logistics company MVN
Geneva / Milan
The Milanese business plans to close 2024 percent with a turnover of 100 million euros.
Conference of Assiterminal entitled "Ports in Connection-ESG, IA, CSRD"
Genoa
It will be held on December 5 in Rome
In the summer quarter passenger traffic in the cruise terminals of Global Ports Holding grew by 27.5%
Istanbul
Revenue up 23%
SDC freight forwarder introduced artificial intelligence in the management of customs practices
Venice
Annually the practices followed exceed 15mila units
The sale of the shipping company Santandrea from the Pacorini to Aprile
Trieste
The company was founded in 1989 in Trieste
Port of Gioia Tauro, the memorandum of understanding for security in working environments and port operations
Joy Tauro
Will have a duration of three years
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
Conference of the CNEL on the Sustainability of Maritime Transport
Rome
It will be held on November 27 in Rome
Conference of Assiterminal entitled "Ports in Connection-ESG, IA, CSRD"
Genoa
It will be held on December 5 in Rome
››› Meetings File
PRESS REVIEW
Sudan govt scraps $6bn Red Sea port deal with UAE
(The North Africa Post)
Argentina enfrenta tarifas portuarias hasta 500% más altas que otros países de la región
(Pescare)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Paola Piraccini appointed as Legal Technical Collaborator of Spininvest
Genoa
Joined in magistrate in 1981, he is a retired cassation adviser
The meeting in Rome between the representatives of Italian ports and ports in Florida
Rome
Expect a comparison to find common themes on which to set up a benchmarking task
This year the Cruserists in the port of Ancona have grown by 18.9%
Ancona
25.1% increase in transits and drop by -5.1% of landings and embarkation
Changed Risso constitutes a joint venture in Cagliari
Cagliari / Genoa
Partnership at 50% with Fausto Saba and Riccardo Vargiu
Ok to the 2025 forecast budget of the AdSP of the Tyrrhenian Sea Centre North
Cyvitavecchia
It presents a surplus of more than 2.5 million euros
In Palermo, the first sheet of the new ferry for the Sicilian region was cut off.
Trieste / Palermo
The delivery of the ship is scheduled for 2026
Global Ship Lease's quarterly revenue records show the first decrease since the end of 2018
Athens
The company believes that its container fleet has very good future prospects of employment
DP World signs an agreement to buy Australian Silk Logistics
Dubai / Melbourne
The expected value of the transaction is approximately 115 million
A worker has passed away in the port of Crotone
Joy Tauro
He would suddenly go down to the ground while talking to some colleagues
Torbianelli : well the ok of CIPESS in financing the future Molo VIII of the port of Trieste
Trieste
Of the estimated 315 million euros, 206.9 are expected by the state
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