Concessioni balneari e riconoscimento dell'indennizzo per investimenti al concessionario uscente

With the sentence in the epigraph, the Council of State has returned to pronounce on the issue of beach concessions, with specific regard to the recognition of compensation for investments made by the outgoing concessionaire. Through this sentence, the Council of State excludes that the investments made can be amortized through an extension of the concession relationship, indicating as the only viable and necessary way the preparation of specific tenders, with the recognition of compensation for the outgoing concessionaire. In the perspective of a reform that dictates complete regulation on the subject of beach concessions, with specific impartial and transparent tender procedures, ruling no. 9493/2023 of the Council of State offers further food for thought with respect to the rich legal framework represented by the rulings of the Court of Justice of the European Union (CJEU) and Italian jurisprudence, both constitutional and administrative.