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12 November 2019 The on-line newspaper devoted to the world of transports 02:35 GMT+1



July 19, 2019

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Original news
The REGIONAL ADMINISTRATIVE COURT definitively rejects to the resource of the Consortium Southgate Europe Terminal against the allocation of the Polisettoriale Pier of Taranto to the Yilport

The sentence establishes that the original resource improcedibile for is supervened deficiency of interest and the two resources for added reasons are partially irricevibili and partially inadmissible

The Regional administrative court for the Apulia, Section Before C#lecce, has rejected definitively to the resource introduced from the Consortium Southgate Europe Terminal (SET) against the Municipality of Taranto, the Authority of Harbour System of the Ionian Sea and the Ministry of Infrastructures and the Transports and regarding the Holding Yilport, the Turkish society to which is released the state property concession of the entire Polisettoriale Pier of the port of Taranto with deliberation of end 2018 of the Committee of management of the harbour agency of the Ionian Sea(on 20 November 2018).

The Consortium Southgate Europe Terminal is one of the subjects with which the Authority of Harbour System it had started a procedure of competitive dialogue with the scope to reach to assign the management of the Polisettoriale Pier, procedure that was declared concluded on July 31, 2018 to little days from the presentation of a request by the Yilport in order to obtain the entire Polisettoriale Pier for the duration 49-year-old of delay for with the possibility ulterior 35 years(of 5 and 31 July 2018).

The REGIONAL ADMINISTRATIVE COURT for the Apulia has declared the original resource n. 1124 of the 2018 "improcedibile for which supervened deficiency of interest and the two resources for irricevibili and partially partially inadmissible added reasons".

In the judgment published yesterday the REGIONAL ADMINISTRATIVE COURT it remembers that in the deliberation on July 31, 2018 with which the AdSP declared concluded the procedure of competitive dialogue, referring to the requests for the release of state property concessions introduced by the Consortium Southgate Europe Terminal and other societies, "the Committee of management of the Authority evidenced, among other things, as "besides the criticalities tied to the overlap of the areas and the dock, to the overlap of the demands for the use of means and the cranes, to the fragmentation of the systems and the overlap of the presumed potential market, the administration has characterized and evidenced inthe endoprocedimentali actions, above all with reference to some of the important questions, criticalities in order to the operations plans, the ability economic-financial institution, the development of the traffics, requirement of pregressa experience in the management of harbour terminals. Such criticalities cannot in some way to consider itself old with notes of the South Marine Gate S.r.l. (prot. n. 10971 of the 09.07.2018), the Consortium Southgate Europe Terminal (prot. n. 10973 of the 09.07.2018), the Interminal S.r.l in mandataria quality of group leader of costituenda the Temporary Association of Enterprises Taranto Multipurpose Terminal (prot. n. 11610 of the 18.07.2018) and TARAS Terminal S.r.l. (prot. n. 12029 of the 27.07.2018) reached the AdSP after the transmission to the suindicate societies of the provision of suspension of the procedure (I decree n. 6/18), also because the relative proposals are not shared by other participants to the same procedure neither can be, to the state, object of appraisal by the administration"".

The AdSP had under way meantime the appraisal of the question of release of the concession introduced from Holding Yilport specifying, than "for the reasons of public interest to a profitable and sufficiently wide use of the compendium concession object", "it appears opportune that the AdSP, after the preliminary positive appraisal of permanent the internal commission - and in consideration of the proposing importance of Yilport and the capacity of the concessoria demand regarding the other reached requests, such to make to emerge, under technical market and points of view, a profile of opportunity of perseguimento of the interests publics by the Authority of Harbour System of the Ionian Sea - it proceeds to the appraisal of the request of concession introduced from Holding Yilport AS in date 3 last July, integrated in date 24 July 2018".

The next resources introduced from the Consortium Southgate Europe Terminal were rejected a first time last February from the REGIONAL ADMINISTRATIVE COURT for the Apulia that had explained to have "considered that, at least to a completed appraisal prima facie, the censorships formulated from the recurrent Consortium do not seem connoted from the demanded one fumus boni iuris, considered, among other things, of the lacked finalizzazione the procedure of competitive dialogue, of reserve on the point previewed from the AdSP in the lex specialis of the relative procedure ("the AdSP will be able to conclude the procedure of comparazione of the former requests Cod article 37. Nav. without to consider some of the requests introduced as answering to the requirements and the objectives subtended to anticipates publication and without the participants can demand some indemnification or compensation and neither reimbursements for expenses supported"), of the reliefs carried out from the same of o'clock profitable Authority and wide use of the state property compendium and, at last, of the carried out trial-like reliefs from the controinteressata one"(on 21 February 2019).

In the judgment published yesterday law moreover that "the two resources for added reasons are partially irricevibili - as for the impugnation of the public warning on August 3, 2018 (with which the state property compendium of the Polisettoriale Pier it was put to contest, ndr) - and partially inadmissible for deficiency of interest/legitimacy - as for the actions of allocation of the state property compendium in favour of the society Holding Yilport AS and to the other same actions with the incompatible ones, in reason of the lacked participation the Consortium to the started selective procedure with the foretold one, ‘consolidated’, public warning on August 3, 2018".

PSA Genova Pra'
Salerno Container Terminal
Vincenzo Miele



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