Brussels – At the end of beach concessions, the State can automatically expropriate what was built by those who received the permit to manage public land. In a verdict, the EU Court of Justice confirmed the validity of Italian national regulations that provide for ceding “free of charge and without compensation” non-removable works built in the area granted.
The Luxembourg judges ruled that the Italian regulatory framework is not contrary to European regulations, in particular, Article 49 of the Treaty on the Functioning of the European Union, which regulates the freedom of establishment. The reason is that the navigation code in force in Italy expressly provides that when the bathing concession expires and is not renewed, “the concession, the non-removable works, built on the state-owned area, shall remain acquired by the State, without any compensation or reimbursement, without prejudice to the right of the granting authority to order their demolition with the restitution of the state-owned property in its pristine state.”
These rules apply to anyone who wants to participate in managing the public domain. They are the same for everyone, without discrimination and no restrictions. Not least because, recalls the Court of Justice of the EU, “the principle of inalienability implies that the public domain remains the property of public subjects and that state occupation authorizations have a precarious character.” Expropriating establishments, therefore, can be done.
English version by the Translation Service of Withub
