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Lawful extension of a bathing concession following a comparative procedure

  • 05/12/2023

The Council of State reiterates, in its judgement no. 10378 of 30 November 2023, that the principles of EU law on the matter, in the light of the recent and constant practice of the CGEU, taken up by our administrative jurisprudence, require that "the concession of the management of beach areas for tourist-recreational purposes must meet criteria of impartiality, transparency and par condicio: in particular, Art. 12 of Directive 2006/123/EC and the amended Art. 37 of the Naval Code make the granting of maritime state concessions subject to the fulfilment of selective public procedures".

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