Concessioni di demanio marittimo e tutela della concorrenza

Inspired by ruling No 12/2009 of TAR Lazio, the contribution is responsible of the concessions of state property maritime and possible distortions of competition that may result from these. First, it puts the focus on exploitation of some typical business-owned property and uses of it. Procedures are reviewed for selection of the concessionaire, renewal method and takeover in concessions, in accordance with the Navigation Code, its implementing Regulation and others laws from the sector. There is a “review” of the right to insist and of other institutions that, in various ways, affect the process of granting the concession on the basis of case community and national law but also under some important guidelines of the Authority of competition and markets. In conclusion, it is argued that the competent authorities tend to apply the rules on the award of the maritime domain in a manner affecting competition between operators as it does not take into account general principles of community legislation and, accordingly, possible corrective actions need to be proposed.