With the order 1176/2017 issued by the TAR of Tuscany in favour of the Port of Rosignano Marina Cala de’ Medici, published on 9th October, the City of Rosignano Marittimo (LI), in which the Marina Cala de’ Medici can be found, has been ordered to present a technical report within 60 days with calculation of the annual state fees, applying the values related o the consistency of the state assets referred to the period of emission of the state concession and start up of the franchise report.
The TAR of Tuscany has therefore made the ruling expressed by the Consulta its own as well as the opinion regarding interpretation of the law 296/2006, always sustained by Marina Cala de’ Medici through the lawyer of the Company and President of Cala de’ Medici, Solicitor Flavia Pozzolini: the ruling, that for the first time refers to the additional trial indicated in the rule of the Constitutional Court of January 2017, approving non retroactivity of payment of state fees for sea service concessions and payment of what has been truly granted.
This result is not only important for Marina Cala de’ Medici because it represents an important precedent for ports in general, probably able to terminate once and for all up to ten legal controversies and provide necessary certainty of vital costs for the recovery of sale of boat spaces and, consequently, for recover of the entire field of sailing that in Tuscany is representative more and ever with a coast of more than 30 mooring spaces.
The one undertaken by Cala de’ Medici has been a constructive strategy for the first time, proposing and motivating equal and reasonable criteria of interpretation, allowing for the extension of relations with local administration, only acting as a collector authority as the proceeds of payment of state fees are destined for the Government and not the Cities.