Devolution of works to the maritime public domain, freedom of establishment and the prohibition of automatic renewal of concessions
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Lara Discepolo
Publishing Year 2026 Issue 2026/48
Language Italian Pages 15 P. 279-293 File size 200 KB
DOI 10.3280/DT2026-048011
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The Italian Council of State, by judgment No. 8024/2025, definitively dismissed the appeal lodged by a concessionaire of a maritime public domain area, confirming the lawfulness of the State’s gratuitous acquisition, pursuant to Article 49 of the Navigation Code, of immovable works built on the public domain upon the expiry of the concession, including upon renewal. The ruling incorporates and applies the interpretive guidelines established by the Court of Justice of the European Union in its judgment of 11 July 2024 (Case C-598/22), which held that the provision is fully compatible with EU law, emphasising both the principle of inalienability of the public domain and the contractual and consensual nature of concession relationships as factors sufficient to preclude any appreciable restrictive effect on freedom of establishment. The judgment further reaffirms the prohibition of automatic renewal of maritime public domain concessions in light of the competitive market-opening requirements flowing from Directive 2006/123/EC.
Lara Discepolo, Devoluzione delle opere al demanio marittimo, libertà di stabilimento e divieto di proroga automatica delle concessioni in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 48/2026, pp 279-293, DOI: 10.3280/DT2026-048011