The concessions of State-owned for the construction of structures dedicated to recreational boating activities are not included in the concessions for tourist and recreational purposes

With the judgment in comment, the Council of State seems to fully and definitively adhere to a reconstruction of the current legal system aimed to exclude any form of legally extension of concessions of State-owned and to affirm the need for a real tendering for the allocation of the same concessions. In fact, the Council of State affirms the substantial difference between the concessions of maritime state property destined for recreational boating activities and the concessions for tourist and recreational purposes. In this way, the concessions dedicated to recreational boating activities and expired before the entry into force of the law of 24 December 2012, n. 228, are radically excluded from any hypothesis of legally automatic extension. In any case, the extensions of the maritime State-owned concessions are incompatible with the principles of legal regulation of European Union and they must be not applied both by the Public Administration and by the Courts

Giulia Milo, Le concessioni demaniali per la realizzazione di strutture dedicate alla nautica da diporto non rientrano tra le concessioni a finalità turistico-ricreativa in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 23/2018, pp 288-330, DOI: 10.3280/DT2018-023004