Rome, May 11 – The Lazio Regional Administrative Court (TAR), Fifth Ter Section, has issued three rulings (n. 8656, 8657, 8660 of May 11) rejecting appeals from several Ostia beach concessionaires. These rulings uphold the legitimacy of the Rome Capitale Municipality’s public notice, issued on February 14, 2025, for the assignment of 31 maritime state property concessions along the Rome coastline for tourism and recreational purposes, each with a duration of one year.
Concessionaires Challenged Annual Duration and Royalty Fees
The concessionaires of the Ostia Lidos had challenged the Municipality’s public notice primarily on two grounds. Firstly, they argued against the ‘only’ annual duration of the concessions, stating that by law, concessions should not have a duration of less than five years or more than twenty. They perceived the current arrangement as a ‘bridge concession.’
Secondly, they contested the provision for a ‘royalty’ payable by the successful bidder, which was determined based on the total turnover generated during the concession period. This was an increase compared to the 2.00% royalty that served as the auction base.
TAR’s Rationale: Ensuring Service Continuity
The Lazio TAR rejected these appeals with three identical judgments. The court highlighted that the legislator, in extending concessions until September 30, 2027 (or, under specific conditions, until March 31, 2028), recognized that the completion of necessary activities for issuing concessions under the new procedural framework would require a significant amount of time. This justified extending the duration of existing titles in the interim to safeguard the continuity of services on the beaches for users.
Gaeta Precedent: Project Financing and Public Tender Obligation
In a related development, the second section of the Latina TAR, in a judgment deposited today, upheld an appeal presented by the Italian Competition Authority (AGCM) and annulled 13 measures by the Municipality of Gaeta approving project financing proposals. The judgment found violations of European principles of publicity, transparency, equal treatment, and maximum participation, establishing the Municipality’s obligation to conduct a public tender. The ruling also annulled the act by which the Municipality, on April 1, 2025, had ordered a ‘generalized extension’ until September 30, 2027, of concessions already extended to the 13 outgoing concessionaires, as well as all other beach concessions in the Municipality’s territory.
These legal decisions underscore a broader trend towards stricter adherence to public tender rules and transparency in the management of maritime state property concessions across Italy.
Impact on Ostia’s Beach Season
The validation of the annual concessions by the TAR means that the Rome Municipality can proceed with its plans for the upcoming beach seasons. This decision is crucial for the continued operation of beach services, albeit under a temporary framework until a more definitive long-term solution is implemented.
The legal battles surrounding beach concessions reflect ongoing efforts to align Italian legislation with European Union directives, particularly the Bolkestein Directive, which promotes competition and limits automatic renewals of concessions.
For the residents and visitors of Ostia, the immediate implication is that beach services will be available, ensuring continuity for the recreational activities along the coastline. However, the short-term nature of the concessions may continue to be a point of contention for operators seeking greater stability and investment opportunities.
Source: Rome City Police, Corriere Roma
