One year after the Council of State’s ruling on the revocation of the Concession. The group ordered to pay legal costs
Genoa – The Supreme Court of Cassation declares the appeal by the Spinelli group (Spinelli 51% – Hapag Lloyd 49%) and the Adsp of the Western Ligurian Sea against the Council of State’s ruling inadmissible. One year ago, in October 2024, following an appeal by Terminal Contenitori Spa (Psa -Sech), the Council of State had annulled the concession for the Gpt (Genoa port terminal) in the port of Genoa.
The ruling had already been effectively anticipated by the conclusions of the presiding judge of the Supreme Court of Cassation’s section, who last February had already proposed a judgment to conclude the proceedings / advising the withdrawal of the appeal, deeming it indeed inadmissible. However, the group had decided to proceed anyway, requesting the annulment due to “absolute lack of reasoning” in the Council of State’s pronouncement and a violation of Article 11, sixth paragraph, of the Constitution.
“With reference to the aspect concerning the absolute lack of reasoning of the challenged ruling – writes the Supreme Court of Cassation – the appellant claims that the appellate judgment lacks any argument regarding the content and subject of the concession granted to the appellant company and, more specifically, on the fact that it allowed for the predominant handling of full container traffic, which the appellate judges had taken as a reason for the conflict between the said concession and the port master plan.” And for this reason, the Spinelli group argued that, “according to a now established orientation of this Court, the lack of reasoning in a judicial measure, even in its less serious form of apparent reasoning, conflicts with the provision of Article 111, sixth paragraph, of the Constitution.”
But the Supreme Court of Cassation rejects the arguments and “declares the main appeal and the incidental appeal inadmissible.”
With the Supreme Court of Cassation chapter closed, the waiting remains, and it is the crucial issue, for the Council of State’s ruling on its own ruling that annulled the concession (which had been motivated by the fact that the group handled too many containers in an area primarily designated for general cargo). This ruling is expected precisely in these weeks.
The provisional concession issued by the Adsp to the Spinelli group to allow the terminal to continue operating pending a final resolution of the matter stipulates that the areas dedicated to containers in the terminal must be smaller than those used for general cargo, in compliance with the old (current) Port Master Plan. It expires on September 30. In short, there is little time left, but the path the Adsp intends to follow is already mapped out, as already explained by its president, Matteo Paroli. If the Council of State were to uphold Spinelli’s appeal, the “old” concession issued by the Adsp for the Gpt would become legitimate again. If it were instead rejected, the Adsp would have to proceed with a new investigation into the new concession request presented by the group based on the new criteria, namely the predominance of general cargo traffic over container traffic, effectively following what is already envisaged by the current provisional concession.
