TRIESTE – The Lazio Regional Administrative Court has once again ruled on the Istat adjustment of state-owned maritime concession fees, again finding in favour of Assomarinas. With a new ruling, the court upheld the appeal brought by the association of marinas, annulling the ministerial decrees relating to the adjustments for 2023, 2024 and 2025.
The decision represents the second success obtained by Assomarinas before the administrative judges on the same matter and follows the line of the ruling published at the beginning of 2025. As reported by AdriaPorts on 3 January, the court had already annulled the 25.15% increase in state-owned concession fees decided by the Ministry of Infrastructure and Transport in 2022, considering the use of a statistical index different from that provided for by law to be unlawful. On that occasion, the measure had been challenged, among others, by Assiterminal and Assomarinas.
The new ruling confirms that approach, establishing that the different Istat index could not be applied retroactively to fees for the years 2023, 2024 and 2025. According to the court, the new calculation criterion may only be used from 2026. The effect of the decision is the annulment of the ministerial decrees relating to the three years and of the increase applied in 2023. Concession holders who have already paid the increased amounts will therefore be entitled to the return of the sums paid in excess or to the corresponding adjustment.
«This ruling», said Assomarinas president Roberto Perocchio, «represents a result of extraordinary importance not only for our members, but for all Italian state-owned maritime concession holders. The principle affirmed by the Regional Administrative Court restores legal certainty and puts an end to a retroactive application deemed unlawful. The Ministry can only comply with the decision of the administrative judge and take note of it.»
The ruling affects the entire maritime state property concession sector, including marinas and port activities concerned by the fees determined on the basis of the decrees now annulled. It now remains for the Ministry and the Port System Authorities to define how the ruling will be applied and the resulting refunds or adjustments in favour of concession holders.
