Rome, 9 November 2021 – Stop the renewal of bathing concessions starting from 2024. This was decided by the Council of State, explaining that the extension will therefore only be possible until 31 December 2023 “in order to avoid the significant socio-economic impact that would derive from an immediate and generalized forfeiture of all existing concessions”. From the following day, therefore, there will be no possibility of further extension, not even by way of legislation, and the sector will in any case be open to the rules of competition.
The decision was awaited, not only by the parties involved. The government with the provision on competition has not resolved the knot of liberalizations of bathing concessions, on which there is a conflict with the European Union on the legislation on the internal market. Just yesterday from executive sources it was leaked the intention to prepare a new intervention after the sentence. Intervention requested, at this point, also by the judges.
According to the Council of State, competition, in addition to being imposed by EU law, “is extremely valuable in guaranteeing citizens a management of the coastal national heritage“and contribute” significantly to economic growth and, above all, to the recovery of the investments that the country needs “. In fact, the extension for fifteen years of the concessions introduced in 2018 with the Budget law was rejected but,” in order to to avoid the significant socio-economic impact that would derive from an immediate and generalized forfeiture of all existing concessions “, to allow the preparation of tenders and” in the hope that the legislator will intervene to rearrange the matter “, the concessions will continue to be effective for another two years.
“The national laws that have ordered (and that in the future should still have) the automatic extension of state-owned maritime concessions for tourist-recreational purposes, including the moratorium introduced in correlation with the epidemiological emergency from Covid-19”, established the Council of State, are in conflict with the Treaty on the Functioning of the European Union and with the Bolkestein Directive. And “the existence of a right to the continuation of the relationship in the hands of the current concessionaires must be excluded”, who will be able to participate in the tenders that must be announced.
© All rights reserved