Alla ricerca di una tutela per i concessionari dei beni demaniali marittimi: l’art. 49 cod. nav. sotto la lente della Corte di giustizia

Article 49 of the Italian Maritime Code, where it provides that at the end of the concession period of a State-owned maritime property, the non-removable works carried out by the concessionaire are forfeited by the State, without any compensation or reimbursement, raises certain problems of compatibility with Articles 49 and 56 TFEU. The issue, recently referred to the Court of Justice of the European Union, is part of a particularly problematic systematic and operational context, which the present contribution seeks to highlight, also in view of the general reform of the system of state-owned maritime concessions for touristic and recreational purposes envisaged by l. 118/2022 (so-called “Competition Law 2021”).