The Port System Authority of the Southern Tyrrhenian Sea and Ionian said that the Court of Appeal in Reggio Calabria ruled in favor of the body in the litigation against the AdSP to the Consortium for Development of Productive Activities. (Corap). The aim of the latter is to obtain the recognition of the ownership of the infrastructure and public works carried out by the Corap, in time, in service of the industrial agglomeration of Gioia Tauro. In particular, among the infrastructure claimed by the Corap, the construction of the viary and railway works in the industrial zone of Gioia Tauro-Rosarno, with specific reference to the fast-moving road trunk between the port crossing and the A3 motorway, equipped with its own lighting and signage facility. To this, the Corap added the claim of the property of four unrestraints, also equipped with lighting and signage facilities, various works of road art such as subways, guinea pigs and viaduct. More still, the Corap demanded ownership of the infrastructure works carried out for the launch of the port of Gioia Tauro as a container terminal, consisting of concrete flooring, hydraulic arrangement, water network and lighting of the neighbouring plaza at the quays, intended for the construction of a container terminal in the port area and further aprons in the north area along the ro-ro quay. And then, again, seven service buildings at the terminal container (now used by the MCT company), the building currently being used by the Port of Gioia Tauro and the service axis to industries and to the port of Gioia Tauro with relative lighting plant and aqueduct.
For its part, the Port System Authority, among the theses supported in defense of its position, since the first degree of judgment pointed to the non-plausibility of the transfer of the property in chief to the Corap of relapse works in the territory of the port of Gioia Tauro, classified "international port" by the decree-law no. 457 of December 30, 1997, by virtue of which the transfer to the regions of the functions exercised by the port authorities was excluded.
Today the Port Authority highlighted that in order to finally end the litigation in favour of the AdSP, the Court of Appeal in Reggio Calabria has declared unfounded the thesis supported by the Corap both because the acts produced on the basis of the application do not have the characteristics and value of acts of transfer of the property, both because the treacherous works on the ground have characteristics and nature of real estate (art 812 c.c.), and such acts do not have the power to derogate from the rules and fundamental principles dictated by the Civil Code on property ownership.
A dispute remains pending in the Court of Cassation, against the judgment of the Court of Appeal in Reggio Calabria, which, with judgment no. 111/2023 issued on February 3, 2023, had recognized the right of the Consortium to obtain the restitution of vast areas located in the territorial scope in which it insists the port of Gioia Tauro and rewarded in the maritime demandship.