Forfeiture of state-owned concession – Lazio Regional Administrative Court No. 7591 of 02.07.2020

The Firm successfully assisted a local authority in a case concerning the forfeiture of a concessionaire of the state maritime domain.

During the litigation, which had been protracted over time and developed into multiple judgments, the concessionaire died and his heirs believed that they could introduce in his name, i.e., as his successors in title, actions to annul the order of forfeiture of the concession, as well as the consequent eviction order.

However, at the time of the introduction of the appeal, the six-month period granted to the heirs to exercise the takeover of the state concession under Article 46 of the Navigation Code had expired.

Therefore, accepting the line of defense set up by the Firm for the Entity, the Regional Administrative Court correctly noted how the plaintiffs had forfeited the right to take over, which represents “the necessary condition for the latter [the heirs, ed.] to acquire title to the relationship and, as such, become entitled to pursue any actions to protect the previous holder or in any case acquire the legitimacy to contradict.”

The Regional Administrative Court ruled declaring the application to annul the forfeiture order inadmissible and rejected the application to annul the eviction order.

The full text of the ruling is available here: TAR Lazio 7591, 02.07.2020