Procedure informali e proroghe delle concessioni balneari: quando la gara d'appalto non è necessaria

With ruling no. 10131/2024, the Council of State once again ruled on the unlawfulness of extending the term of beach concessions through the informal procedure governed by Articles 36 and 37 of the Italian Navigation Code, and Article 18 of the Executive Regulation of the Italian Navigation Code. This procedure would be contrary to the general principles of the European Union and Directive (EC) No. 123/2006, which instead require the holding of specific tenders. However, the question of the unlawfulness of this informal procedure remains controversial: European legislation itself, as well as Italian administrative legislation and case law, leave open the possibility of its use.