Former Privilege shipyard in Civitavecchia: König succumbs again
The appeal against the precautionary order issued by the Lazio Regional Administrative Court (TAR) following the withdrawal of the concession was also rejected by the Council of State.
König Srl, the company that recently saw its concession for the former Privilege shipyard revoked by the Civitavecchia Port Authority, has also lost the second round of legal proceedings before the Council of State.
The second-instance administrative court has in fact rejected the appeal presented by the owners of the yacht yard "for the reform of the precautionary order of the Lazio Regional Administrative Court (Second Section) no. 03808/2022".
“The panel – reads the ruling – agrees with the reasoning of the appealed order, which observed the following:
– the appeal does not appear to be supported by the necessary prima facie case since the allegations regarding the multiple breaches of the obligations that condition the issuance, in favor of the appellant, of the sub-entry license rep. 4610 of 28.01.2020 (including the reactivation of the shipyard as per the timetable attached to the PEF) appear to be extremely serious, as can be indirectly deduced, prima facie, from the multiple requests for suspension of the forfeiture proceedings, advanced by the appellant itself;
– the damage suffered by the applicant company is of a patrimonial nature and, in theory, compensable.
Furthermore, the Council of State adds that "the appellant refers to the grounds for forfeiture not being attributable to itself," but instead, according to the judges, "these are, however, unfulfilled conduct for which the appellant had assumed specific obligations. Furthermore, they add, such conduct constituted a condition for the granting of the state concession, with the consequence that its failure to comply with it made it impossible for the state concession to remain in force, regardless of the reason for its failure to occur."
Several parties interested in this shipyard, or in any case in the possibility of establishing production activities for the construction of yachts in the port of Civitavecchia (primarily Tankoa), are now waiting to understand if and what opportunities will open up in the Lazio port in the coming months.
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