State Concessions and Maritime Domain Attorney in Padua and Venice
Legal assistance with state and maritime concessions. Tenders, renewals, outgoing concessionaire's indemnity and application of the Bolkestein Directive.
What to bring to the first meeting
State concessions are the measures by which the State allows a private party to use a public asset, such as a beach or a body of water, for a commercial activity. The subject is currently at the centre of profound change, because the European Bolkestein Directive requires award through tender and the competition legislation (Law 118/2022) has set the timetable for the phasing-out of automatic renewals.
The outgoing concessionaire and the aspiring incoming operator need legal assistance for different but connected reasons: the former must protect the business value and obtain the indemnity provided for unamortised investments, while the latter must take part in tenders and challenge irregular award procedures. In both cases, decisions of the municipality or the competent authority are challenged before the TAR within the statutory time limits.
The distinctive feature of this area lies in the uncertainty of the transitional period, during which the regulatory framework continues to evolve and the position of those operating under a concession must be defended taking into account both national legislation and the constraints imposed by European law.
Frequently Asked Questions about State Concessions
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The transitional legislation provides for an indemnity in favour of the outgoing concessionaire for unamortised investments and the business value, to be borne by the incoming operator. The amount must be documented with an expert valuation and accounts, and it is one of the most sensitive aspects of the handover.
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The Bolkestein Directive and the competition legislation require award through a competitive procedure and the phasing-out of automatic renewals. The precise timing and arrangements depend on local implementation, which must be monitored so as not to lose the opportunity to participate.
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Yes, award decisions and tender notices are challenged before the TAR where they breach the procedural rules or competition principles. Here too, the time limits are short and require prompt action.
Every case is unique and deserves to be heard.
The Firm offers tailored legal assistance designed to respond concretely to your needs. From advice to defence, the protection of your rights necessarily requires a careful preliminary analysis of the matter and an initial assessment of the relevant legal elements. A correct framing of the case is essential for understanding your rights and the most suitable tools to protect them.