The European Court still calls Italy on the beach concessions

The European Court still calls Italy on the beach concessions

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The opinion of the Luxembourg judge arrived this morning in response to seven questions posed by the Lecce Tar, after a municipality had extended the current state properties following the government’s Milleproroghe bill. Today the competition bill in CDM

As expected, the European Court of Justice renewed this morning the obligation for Italy to tender for beach concessions “applying an impartial and transparent selection procedure among potential candidates”. The ruling was expressed on seven questions posed by the Lecce Tar and on the appeal of the Agcm (Authority for competition and the market), after the municipality of Ginosa had extended the concessions following the government’s Milleproroghe bill, which allows a postponement until December 2024. But, and this is precisely the point, the judge of Luxembourg specifies that “the administrative authorities are required to apply the relevant rules of EU law, disapplying the provisions of national law that do not comply with them ”. In other words, the European jurisdiction, which obliges the tender, has priority over the Italian one, which allows a postponement of another year. And, consequently, the municipality of Ginosa will have to adapt, even if the last word will in any case be up to the national judge.

It is an expected opinion but no less serious for this. The sentence is indeed the culmination of a long series of appeals to Italy, which is weighed down by an infringement procedure opened by Brussels way back in 2020. About a month ago, the Council of State issued a provision similar to today’s for the municipality of Manduria, also in the province of Taranto. While precisely on the occasion of the launch of the Milleproroghe, Sergio Mattarella had affixed a letter to the signature of the decree in which, among other things, the Colle’s concern was expressed for relations with the EU.

It will not be easy for Giorgia Meloni to find a solution, with pressure from a part of the executive (in particular Forza Italia and Lega) close to the interests of the category. In addition, yesterday the European Commission opened a new infringement procedure against Italy for the failure to regularize seasonal workers (in the list of which, however, the bathing establishments are not included). Italy has two months to respond: in the meantime, the discussion of the competition law bill is scheduled for this afternoon in the CDM.

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