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a decree of the REGIONAL ADMINISTRATIVE COURT of C#lecce risks to block the participations for the requalification of the container terminal of the port of Taranto
Received the resource proposed from the Consortium Terminal Bulk
May 10, 2013
With decree deposited yesterday, that we publish below, the judges of the center of C#lecce of the Regional administrative court for the Apulia have - Taranto (Italcave group) against Harbour Authority Taranto, Region Apulia, Municipality of Taranto, Prime Minister's Office and ministries of Infrastructures and the Transports, the Atmosphere and the Economic Development for the cancellation of provisions of the harbour authority tarantina between which that relative one to the cancellation of the which released state property concession in transitory way in he confronts of the Consortium Terminal limitedly Bulk on an area of about 47 thousand square metres near the Polisettoriale Pier of Taranto for a duration of 24 months and not also four-year-old so as demanded from recurrent let alone - the decree establishes - the cancellation, where it is necessary, of the "Agreement for the development of the containerized traffics in the port of Taranto and the overcoming of the state of emergency environmental economic associate", between which the requalification of the Polisettoriale Pier (that he has been undersigned on April 26, 2012 to Rome from government, Region Apulia, Municipality, from the Province and the Harbour Authority of Taranto, Terminal Container Taranto - TCT, Sogesid and Italian Ferrovie of the State), and ofthe provision with which the extraordinary commissioner of the port of Taranto has supplied to start the procedure for the planning and execution of the work of requalification of the Polisettoriale Pier, area in concession to the terminalista society TCT that is participated by the terminalista group Hutchison Port Holdings (HPH) of Kong Kong and by the shipowning group Evergreen of Taipei.
We remember that to the Pier Polisettoriale 1,500 of the 1,800 total meters of dock harbour they are managed by same the TCT, while on 300 meters (Dropped 5) work the Consortium Terminal Bulk, than in proximity manages the area of storage of about 47 thousand square metres, with which in 1998 had been allowed to have use of such structures waiting for the location of another area on which to transfer the traffic of the bulk.
The pronunciamento of the REGIONAL ADMINISTRATIVE COURT of C#lecce risks to block the investments for the development of the terminal for containers of the port of Taranto and the work for the potenziamento of the system, between which the dredging of the before backdrops the dock.
ITALIAN REPUBLIC
The Regional administrative court for Puglia
C#lecce - Section Before
it has pronounced anticipates
DECREE
on the resource number of general registry 1502 of 2010, integrated from reasons added, proposed they give:
Consortium Terminal Taranto Bulk, represented and defended from the avv. Ernesto Sticchi Damiani, with address which elected near Ernesto Sticchi Damiani in C#lecce, via 95 Rgt Infantry, 9;
against
Harbour authority Taranto, Commissioner Straordinario of the Port of Taranto, represented and defended from the District Legal profession Are been, domiciled in C#lecce, via F. Rubichi 23; Region Apulia, Municipality of Taranto, Presidency Council of Ministers, Ministry of Infrastructures and the Transports, Ministry of the Atmosphere and the Protection of the Territory and the Sea, Ministry of the Economic Development;
regarding
Taranto Terminal Container Spa, represented and defended from the avv. Roberto Righi, Marcella Palmini, Luciano Canepa, with address which elected near Luciano Ancora in C#lecce, via Imbriani, 30; Evergreen Line - Marine Agency Spa, Sogesid Spa, Railway Net Spa, Trenitalia Spa, Group Italian Railroads of the State;
for the cancellation
advance suspension of the effectiveness,
of the note prot. n. 5150/LEGDO/DEM of the 21/6/2010, with which the Harbour Authority of Taranto, to the outcome of the procedure of I renew of the former authorization art. 36 cod. nav, it has communicated to the recurrent Consortium that "Will proceed to the release of the licence of concession for period 01/01/2010 - 31/12/2011, about to all the transitory one"; of the note prot. n. 5151/LEGDO/DEM of the 21/6/2010; of every other presupposed, connected and/or consequenziale action and in particular: of the Portuale Town development plan of Taranto and the relative technical norms of performance, adopted from the Harbour Committee with deliberation n. 12 of the 30/11/2007; of the same deliberation of the Harbour Committee n. 12 of the 30/11/2007; of deliberation C.S of the Municipality of Taranto n. 116 of the 25/8/2006 of understanding with the A.P and of the next deliberation of C.C n. 41 of the 18/10/2007 of improvement of the understanding;
let alone, for the cancellation,
of the state property concession n. 14/2010 released from the Harbour Authority of Taranto in confront of the Consortium Terminal limitedly Bulk to the part in which it has granted the occupation of the area of sqm 46.695, 10 situated in resorts Polisettoriale Pier of the Municipality of Taranto - for handling of goods and several materials, let alone for the temporary warehouse of not polverulenti materials - for a duration of single 24 months (from the 1/1/2010 to the 31/12/2011) and not also 4-year-old, so as, instead, was demanded by the recurrent one;
let alone, for the cancellation,
of the note prot. n. 9987/LEG/DEM of the 20/12/2011 of the Harbour Authority of Taranto;
let alone, for the cancellation, advance suspension of the execution,
of the opposite turndown from the Harbour Authority of Taranto with provision of the 11/2/2013 prot. n. 1503/LEG on the request of I renew of the concession licence n. 15/2012 former art. 36 cod. nav. introduced from the recurrent Consortium;
of the note of the 4/1/2013 n. 130 of communication of the ostativi reasons to I renew;
of DPCM 17/2/2012 and the note of the Viceministro of Infrastructures and the transports of the 1/2/2012 n. 4487;
where it is necessary:
of the agreement for the development of the containerized traffics in the Port of Taranto for the overcoming of the state of associate-economic-environmental emergency of the 26/4/2012;
of the protocol of understanding for the urgent participations of reclamation, ambientalizzazione and requalification of Taranto of the 26/7/2012;
of the deliberation n. 19 of the 29/10/2012 with which the harbour Committee near the A.P of Taranto has adopted the triennial program 2013-2015 of the public works and relative directory anniversary 2013;
of the minutes of the conference of services and the relative determination of the 6/12/2012 in the within of which it is considered approvable the definitive project;
of the provision n. 1 of the 7/12/2012 with which Commissioner Straordinario of the Port of Taranto has adopted the "determination in order to the publication of the relative ban of contest to the relative contract to the executive planning and the execution of the work of requalification of the polissettoriale pier - modernization of the dock of mooring in the Port of Taranto";
of the ban of contest published in GUCE in date 20/12/2012;
of note 11/3/2013 prot. 41/CS with which Commissioner Straordinario of the Port of Taranto has convened the Conference of Services for the approval of the definitive project of requalification of the Polisettoriale Pier, the dock and the large squares in root of the polisettoriale pier. Adaptation area Terminal Bulk-Port of Taranto.
Seen the added and relative resource, reasons the attached ones;
Seen the certificates of incorporation in judgment of Harbour Authority Taranto and Taranto Terminal Container Spa and Commissioner Straordinario of the Port of Taranto;
Seen the certificate of incorporation in judgment of Taranto Terminal Container Spa, represented and defended from the avv. Marcella Palmini, Roberto Righi, Luciano Canepa, with address which elected near Luciano Ancora in C#lecce, via Imbriani, 30;
Seen the question of suspension of the execution of the appealled provision, introduced in incident way from the recurrent part;
Seen art. the 55 cod. proc. amm.;
Visas all the actions of the cause;
Considered own jurisdiction and competence;
Reporter in the Council Chamber of the day 8 May 2013 Dr. Roberto Michele Palmieri and hearings for the parts the defenders Ernesto Sticchi Damiani, Giovanni Pedone, Luciano Canepa, Roberto Righi, Marcella Palmieri;
The chronology of the events turns out to be the following one:
a) in date 19.5.1998 state property concession between Harbour Authority (AP) of Taranto and the TCT is taken part s.p.a, having lasted of years 60, which previewed, which prescription, the TCT engagement s.p.a. “… to accept all the obligations of the action of concession to protection of the activities currently carried out on the Polisettoriale Pier, limitedly to destined necessary the operating zones of which to the third phase… to handling and storage of goods and bulk currently enlivened on the same polisettoriale pier” (cfr. p. 6);
b) in next way, and mainly with licence n. 20/98 of the 27.8.1998, are taken part today's state property concession in favour of the recurrent one.
The subdivision of the harbour area between recurrent and the TCT s.p.a then is confirmed by the agreement 16.5.2001, which it seems to be able itself to attribute nature of procedimentale agreement, former art. 11 l. n. 241/90, having the administration asserted of “from (king) action than precede”, in such a way confirming the part of the agreement in which it is proceeded to the subdivision of the harbour area between the recurrent consortium and TCT s.p.a.
Such being the chronology of the events, finds the College that the relative order of interests is modified by deliberation AP 11.2.2013, which has denied to the recurrent consortium the availability of the area consented until from 1998.
Orbene, such new provision does not express the reasons of public interest that have induced the administration to change to the precedence divisamento, neither has previewed the corresponsione, in favour of the recurrent one, of the previewed indemnification former art. 21 quinquies l. n. 241/90.
For such reasons, the subsistence of the fumus must be considered of fondatezza of the resource, not having the administration in some esternato way the supervened legitimizing reasons of public interest failing of the attribution of the area to the availability of the recurrent consortium.
- Deduction also the subsistence of the periculum, inborn in the obvious consequent detrimental consequences to the necessity of immediate liberation of the area;
- considered to fix public audience for the 23.10.2013;
- considered at last to compensate the expenses of the precautionary phase;
P.Q.M.
The Regional administrative court for the C#lecce Apulia, Section Before,
it receives the question of precautionary protection, and for the effect:
a) it suspends the effectiveness of the appealled actions;
b) fixed for the discourse of merit of the resource the public audience of the 23.10.2013.
It compensates the expenses of anticipates precautionary phase.
Decree anticipates will be executed by the Administration and is deposited near the secretariat of the court who provvederà to giving of communication to the parts.
So decided in C#lecce in the Council Chamber of the day 8 May 2013 with the participation of the magistrates:
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
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Editor in chief: Bruno Bellio No part may be reproduced without the express permission of the publisher
With decree deposited yesterday, that we publish below, the judges of the center of C#lecce of the Regional administrative court for the Apulia have - Taranto (Italcave group) against Harbour Authority Taranto, Region Apulia, Municipality of Taranto, Prime Minister's Office and ministries of Infrastructures and the Transports, the Atmosphere and the Economic Development for the cancellation of provisions of the harbour authority tarantina between which that relative one to the cancellation of the which released state property concession in transitory way in he confronts of the Consortium Terminal limitedly Bulk on an area of about 47 thousand square metres near 
the Polisettoriale Pier of Taranto for a duration of 24 months and not also four-year-old so as demanded from recurrent let alone - the decree establishes - the cancellation, where it is necessary, of the "Agreement for the development of the containerized traffics in the port of Taranto and the overcoming of the state of emergency environmental economic associate", between which the requalification of the Polisettoriale Pier (that he has been undersigned on April 26, 2012 to Rome from government, Region Apulia, Municipality, from the Province and the Harbour Authority of Taranto, Terminal Container Taranto - TCT, Sogesid and Italian Ferrovie of the State), and ofthe provision with which the extraordinary commissioner of the port of Taranto has supplied to start the procedure for the planning and execution of the work of requalification of the Polisettoriale Pier, area in concession to the terminalista society TCT that is participated by the terminalista group Hutchison Port Holdings (HPH) of Kong Kong and by the shipowning group Evergreen of Taipei.
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
