"The occupation concessions of Italian beaches cannot be renewed automatically but must be subject to an impartial and transparent selection procedure".
This was established by the EU Court of Justice expressing itself on a dispute involving the Italian Competition and Market Authority and the municipality of Ginosa (Taranto).
"National judges and" Italian "administrative authorities are required to apply the relevant rules" of European law, "disapplying non-compliant national provisions", adds the Court.
The Luxembourg judges were called to rule on the interpretation of the Italian law which provides for the automatic extension of beach concessions, clarifying the validity, binding nature and direct effect of the EU directive for services in the internal market, known as Bolkestein.
In detail, the dispute under examination dates back to December 2020, when the municipality of Ginosa, applying national legislation, decided to automatically extend the concessions by meeting the dispute by the Agcm.
In today's ruling, the Court recalls that the EU provisions apply "to all concessions for the occupation of maritime state property" and that, in assessing the scarcity of natural resources that can be used for the ban, the member countries are called to base themselves "on parameters objective, non-discriminatory, transparent and proportionate".
The judges underline that "no element capable of invalidating the validity of the European directive" emerged, and that in approving it in 2006, the EU Council - which represents the Twenty-seven - "correctly resolved by qualified majority".
The Court also considers that "the obligation for Member States to apply an impartial and transparent selection procedure" for the award of concessions, and "the prohibition of automatically renewing an authorisation" are "set out in an unconditional and sufficiently precise manner by the directive".
In the light of these elements, the European togates have therefore established that "national judges and administrative authorities, including municipal ones, are required to apply" the European provisions, disapplying instead "non-compliant national law provisions".
