A ruling by the Liguria Regional Administrative Court rejected the appeal of three beach resorts in Zoagli, in the province of Genoa, against the resolution of the Municipal Council that had confirmed the expiry of the concessions on December 31, 2023, giving the go-ahead to the tenders foreseen by Bolkenstein . Therefore, the extension until 2027 is not considered valid .

According to the TAR, "it is not valid to invoke an agreement according to which the administrations would have the obligation to extend the beach concessions because there is no written document and because such an agreement could not prevail over the ruling of the Court of Justice".

According to the ruling of the Liguria Regional Administrative Court, "on the basis of the regulatory framework currently in force, by virtue of the rulings of the plenary session of the Council of State, the maritime state concessions for tourist-recreational activities, which benefited from multiple extensions by law, ceased to have effect on 31 December 2023, so that new assignments must take place through impartial and transparent selections among potential candidates, pursuant to the Bolkestein Directive".

The administrative court confirms the correctness of the resolution of the Zoagli Municipal Council which "recognized the expiration of the concession titles on December 31, 2023, correctly established to carry out the selections for the new assignments" and denies the existence of a regulatory act on which the extension of the beach concessions should be based.

"On the other hand - the ruling continues - it is not valid to invoke an agreement between the Italian State and the European Commission, according to which the administrations would have the obligation to extend the beach concessions until September 2027. And this is both because there is no written document containing such an agreement and because, in any case, such an agreement could not prevail over the dictum of the Court of Justice regarding the Union incompatibility of the automatic renewal of state concessions for tourist-recreational purposes, since the European Court is the body responsible for the authentic interpretation of European Union law, with binding effects both towards national authorities and other institutions of the Union".

(Online Union)

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