The Consiglio di Stato (Council of State) upheld the appeal lodged by the Neapolitan Consortium Terminal Containers (Co.Na.Te.Co.) in the against the Port System Authority of the Tyrrhenian Sea central confirming the right of the company, which operates the container terminal of the same name in the port of Naples, to be compensation for the damage suffered since 2010 as a result of the Failure to carry out dredging works by the entity harbour.

By means of the application, the port undertaking had requested enforcement of the judgment of Section V of the Council of State of 22 November 2022 on the appeal brought by the terminal company against the PSA for the reform of the judgment in 2016 by which the Regional Administrative Court for Campania had upheld the order the Port Authority to pay a fine compensation, following which the PSA had declared the willingness to pay an amount of approximately 908 thousand €37.88 million in damages quantified in first by the terminal operator, of which 14.1 million for the costs incurred to overcome the inconveniences due to the reduced draught by carrying out seabed arrangement works on site of the PSA, as well as €9.5 million in current profits and €14.2 million as future loss of profit for the loss of profits resulting from the increased annual movement of container. Co.Na.Te.Co. had considered the proposal for compensation of the port authority that does not comply with the res judicata of the Regional Administrative Court and the two parties had not reached an agreement after a recent order of the Council of State, which urged the parties to Carry out a calculation of the average containers that can be handled.

In its last ruling, the Council of State noted that there was no since the PSA 'has been able to carry out an assessment in in accordance with the force of res judicata, the amount of containers that can actually be handled in the reference period for years after 2010, the only criterion referred to in the can be applied in the executive is that, contained in the judgment of first instance, which was not overturned on the point from the judgment in Ottemperanda, according to which that quantity corresponds to the estimated measure of 350,000 units, at which the 30% reduction compared to the estimated volumes by the applicant's technical consultancy, precisely as it is an appraisal assessment'. The judgment specifies that 'it is therefore necessary to affirm the principle, which is capable of supplement the judicial order in the part that is still missing, and for the years after 2010, as well as for the as it had already been established with the force of res judicata for the year 2010, the rough estimate based on the 350,000 containers with the expected percentage of 30% reduction compared to the volumes estimated by the consultancy technique of the applicant', and explains that 'this In short, it allows the sum of € to be considered correct 2,163,110.00 due for damages, on which until in the end, the Consortium insisted that it was impossible to A conciliatory solution, which is also desirable, can be reached with the the Authority'.