The case, explained
Beach Concessions Case: Plenary Assembly on Title Expiration
5 min read · Updated July 2026 · Editorial oversight: Avv. Federico Papa
According to national press reports, in particular Il Sole 24 Ore and La Repubblica, the beach concessions case reached a critical phase in September 2024. At the core of the issue are the validity of existing concessions and the obligation to conduct transparent public tender procedures, in accordance with the competition principles established by European Union law. The Plenary Assembly's ruling aims to stabilize a regulatory framework that has pitted the Italian State against the EU Commission for over a decade. This article analyzes the case-law evolution and the incompatibilities between national and EU legislation, offering a didactic twin case to illustrate the practical application of these complex principles for legal practitioners.
In brief
The analysis focuses on the conflict between Italian statutory extensions and the Bolkestein Directive. The Plenary Assembly reaffirmed the obligation for public administrations to disapply national provisions granting automatic extension of deadlines without a competitive selection process. Decree-Law 131/2024 attempts a compromise by introducing compensation for outgoing concessionaires and postponing deadlines to 2027. The central issue remains the assessment of resource scarcity and the protection of incumbent operators' legitimate expectations.
The facts
The case stems from long-standing litigation concerning the management of Italian maritime property. According to reports from Il Sole 24 Ore and Il Foglio, administrative case law has progressively invalidated the automatic extensions enacted by the Italian legislature.
The Plenary Assembly of the Council of State, in exercising its nomophylactic function, established a strict deadline of December 31, 2023, ruling that beyond that date concessions would cease to produce effects. Nevertheless, the Government intervened with the Infringement-Save Decree of September 2024 (Decree-Law 131/2024) in an effort to defer the terms.
The matter is currently at the stage of post-judicial regulatory implementation: municipalities are required to launch competitive selection procedures, while discussions with the European Commission continue regarding the assessment of resource scarcity.
The norms at play
The regulatory framework is governed by Article 12 of the Bolkestein Directive (Directive 2006/123/EC), which mandates impartial and transparent selection procedures when natural resources are scarce. At the national level, key provisions include Article 37 of the Navigation Code, now stripped of the so-called right of insistence, and Decree-Law 131/2024.
The latter introduced an obligation for the incoming operator to pay compensation to the outgoing concessionaire for unamortized investments. Non-compliance with EU principles entails the obligation to disapply the administrative act or national rule, as well as the risk of sanctions against the Italian State by the Court of Justice of the EU.
What the jurisprudence says
Case law has established that European Union law prevails over conflicting national law. Courts and administrative bodies have a duty to disapply domestic rules providing for automatic extensions, as they are incompatible with the freedom of establishment and the free movement of services.
The settled jurisprudence excludes any legitimate expectation on the part of private parties regarding the continuation of the concession beyond its expiration date, particularly for titles issued or renewed after 2006. Furthermore, the Court of Justice of the EU has specified that the obligation to hold a tender arises whenever the resource is scarce.
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What it teaches professionals
1. Always verify the compatibility of national legislation with EU directives before advising on long-term investments.
2. Prepare detailed financial documentation of investments to accurately quantify compensation due in the event of an incoming operator taking over.
3. Mind the liability of public officials: the disapplication of non-compliant national provisions is an official duty that may entail personal liability if neglected.
References: Direttiva 2006/123/CE, Art. 12Codice della Navigazione, Art. 37Legge 118/2022DL 131/2024
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Frequently asked questions
What are the penalties for occupying beaches with an expired concession?
Occupation beyond the expiration date may constitute the offense of unauthorized occupation of maritime property, in addition to administrative fines and an immediate eviction order.
How is the compensation for the outgoing concessionaire calculated?
Under Decree-Law 131/2024, compensation is determined based on the accounting value of unamortized investments and non-removable assets constructed on public property, subject to a certified appraisal by a qualified expert.
Is a new extension of beach concessions possible?
At present, case law excludes any new generalized automatic extensions. Any further statutory postponement is subject to disapplication by courts and public authorities due to conflict with European Union law.
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