{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-574-25","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-574-25)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-24","fingerprint":"ewai:eu:210f09","proof":"sha256:91ce72ec7e52fa114e385532749cd4392b6449cb816752a8864fb5af7fd6f618","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-574-25","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Front matter","paragraphs":["para_1","para_2","para_3","para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25","para_26","para_27","para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53","para_54","para_55","para_56","para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64","para_65","para_66","para_67","para_68","para_69","para_70","para_71"],"kind":"front_matter"},{"title":"Admissibility","paragraphs":["para_72","para_73","para_74","para_75","para_76","para_77","para_78"],"kind":"assessment"},{"title":"The admissibility of the first question","paragraphs":["para_79","para_80","para_81","para_82","para_83"],"kind":"assessment"},{"title":"The admissibility of the second part of the fourth question","paragraphs":["para_84","para_85","para_86","para_87","para_88"],"kind":"assessment"},{"title":"Substance","paragraphs":["para_89","para_90","para_91"],"kind":"assessment"},{"title":"The second question and the first part of the fourth question","paragraphs":["para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103","para_104","para_105","para_106","para_107","para_108"],"kind":"assessment"},{"title":"The third question","paragraphs":["para_109","para_110","para_111","para_112","para_113","para_114","para_115","para_116"],"kind":"assessment"},{"title":"Costs","paragraphs":["para_117","para_118"],"kind":"costs"},{"title":"On those grounds, the Court (Seventh Chamber) hereby rules:","paragraphs":["para_119","para_120","para_121","para_122","para_123","para_124","para_125"],"kind":"operative"}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"ORDER OF THE COURT (Seventh Chamber)","paragraph_id":"para_2"},{"text":"10 July 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Article 53(2) and Article 94(a) and (c) of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Manifest inadmissibility in part – Article 99 of the Rules of Procedure – Questions the …","paragraph_id":"para_4"},{"text":"In Case C‑574/25,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Giudice di pace di Rimini (Magistrate, Rimini, Italy), made by decision of 28 July 2025, received at the Court on 2 September 2025, in the proceedings","paragraph_id":"para_6"},{"text":"Balneari Rimini","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"Comune di Rimini,","paragraph_id":"para_9"},{"text":"intervening party:","paragraph_id":"para_10"},{"text":"I.R.,","paragraph_id":"para_11"},{"text":"THE COURT (Seventh Chamber),","paragraph_id":"para_12"},{"text":"composed of F. Schalin (Rapporteur), President of the Chamber, M. Gavalec and Z. Csehi, Judges,","paragraph_id":"para_13"},{"text":"Advocate General: A. Rantos,","paragraph_id":"para_14"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_15"},{"text":"having decided, after hearing the Advocate General, to rule by reasoned order, in accordance with Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice,","paragraph_id":"para_16"},{"text":"makes the following","paragraph_id":"para_17"},{"text":"Order","paragraph_id":"para_18"},{"text":"1         This request for a preliminary ruling concerns the interpretation of recitals 9 and 57, Article 1(5), Article 2(2)(a) and (i) and Articles 12 and 44 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, …","paragraph_id":"para_19"},{"text":"2         The request has been made in proceedings between Balneari Rimini, an undertaking holding a concession for the occupation of State-owned maritime property used for tourism and recreational purposes, and the Comune di Rimini (Municipality of Rimini, Italy) concerning the damage allegedly caused to that undertaking by that municipality’s decision to terminate the automatic renewal of such concessions.","paragraph_id":"para_20"},{"text":"Legal framework","paragraph_id":"para_21"},{"text":"European Union law","paragraph_id":"para_22"},{"text":"The Rules of Procedure of the Court of Justice","paragraph_id":"para_23"},{"text":"3         Article 94 of the Rules of Procedure of the Court provides:","paragraph_id":"para_24"},{"text":"‘In addition to the text of the questions referred to the Court for a preliminary ruling, the request for a preliminary ruling shall contain:","paragraph_id":"para_25"},{"text":"(a)      a summary of the subject matter of the dispute and the relevant findings of fact as determined by the referring court or tribunal, or, at least, an account of the facts on which the questions are based;","paragraph_id":"para_26"},{"text":"(b)      the tenor of any national provisions applicable in the case and, where appropriate, the relevant national case-law;","paragraph_id":"para_27"},{"text":"(c)      a statement of the reasons which prompted the referring court or tribunal to inquire about the interpretation or validity of certain provisions of European Union law, and the relationship between those provisions and the national legislation applicable to the main proceedings.’","paragraph_id":"para_28"},{"text":"Directive 2006/123","paragraph_id":"para_29"},{"text":"4         Article 12 of Directive 2006/123, entitled ‘Selection from among several candidates’, provides, in paragraphs 1 and 2 thereof:","paragraph_id":"para_30"},{"text":"‘1.      Where the number of authorisations available for a given activity is limited because of the scarcity of available natural resources or technical capacity, Member States shall apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure.","paragraph_id":"para_31"},{"text":"2.      In the cases referred to in paragraph 1, authorisation shall be granted for an appropriate limited period and may not be open to automatic renewal nor confer any other advantage on the provider whose authorisation has just expired or on any person having any particular links with that provider.’","paragraph_id":"para_32"},{"text":"5         Article 44 of that directive, entitled ‘Transposition’, provides, in the first subparagraph of paragraph 1 thereof:","paragraph_id":"para_33"},{"text":"‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 28 December 2009.’","paragraph_id":"para_34"},{"text":"Directive 2014/23","paragraph_id":"para_35"},{"text":"6         Recitals 4 and 15 of Directive 2014/23 state:","paragraph_id":"para_36"},{"text":"‘(4)      The award of public works concessions is presently subject to the basic rules of Directive 2004/18/EC of the European Parliament and of the Council [of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contra …","paragraph_id":"para_37"},{"text":"A uniform application of the principles of the [FEU Treaty] across all Member States and the elimination of discrepancies in the understanding of those principles is necessary at [European] Union level in order to eliminate persisting distortions of the internal market. …","paragraph_id":"para_38"},{"text":"…","paragraph_id":"para_39"},{"text":"(15)      In addition, certain agreements having as their object the right of an economic operator to exploit certain public domains or resources under private or public law, such as land or any public property, in particular in the maritime, inland ports or airports sector, whereby the State or con …","paragraph_id":"para_40"},{"text":"7         Article 43 of that directive, entitled ‘Modification of contracts during their term’, provides:","paragraph_id":"para_41"},{"text":"‘1.      Concessions may be modified without a new concession award procedure in accordance with this Directive in any of the following cases:","paragraph_id":"para_42"},{"text":"(a)      where the modifications, irrespective of their monetary value, have been provided for in the initial concession documents in clear, precise and unequivocal review clauses, which may include value revision clauses, or options. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the concession;","paragraph_id":"para_43"},{"text":"…’","paragraph_id":"para_44"},{"text":"Italian law","paragraph_id":"para_45"},{"text":"8         Article 37(2) of the Codice della Navigazione (Shipping Code, Italy), approved by regio decreto n. 327 (Royal Decree No 327) of 30 March 1942 (GURI No 93 of 18 April 1942), provided, in the event of the renewal of a concession, for the granting of a preferential right to the existing concessionaire, who enjoyed a right ‘of continuation’ or a right ‘of renewal’.","paragraph_id":"para_46"},{"text":"9         Article 01(2) of decreto-legge n. 400 – Disposizioni per la determinazione dei canoni relativi a concessioni demaniali marittime (Decree-Law No 400 laying down provisions relating to the determination of fees for concessions of State-owned coastal land) of 5 October 1993 (GURI No 234 of 5 …","paragraph_id":"para_47"},{"text":"10       Following the opening of an infringement procedure against the Italian Republic by the European Commission, the preferential right provided for in Article 37(2) of the Shipping Code was removed by Article 1(18) of decreto-legge n. 194 – Proroga di termini previsti da disposizioni legislativ …","paragraph_id":"para_48"},{"text":"11       Article 1(18) of Decree-Law No 194 had also extended the existing concessions of State-owned maritime property until 31 December 2012.","paragraph_id":"para_49"},{"text":"12       Subsequently, those concessions were once again extended. In particular, first of all, Article 24(3- septies ) of decreto-legge n. 113 – Misure finanziarie urgenti per gli enti territoriali e il territorio (Decree-Law No 113 laying down urgent financial measures for local and regional autho …","paragraph_id":"para_50"},{"text":"13       Next, Article 1(682) and (683) of legge n. 145 – Bilancio di previsione dello Stato per l’anno finanziario 2019 e bilancio pluriennale per il triennio 2019‑2021 (Law No 145 on the estimated State budget for the 2019 financial year and the multiannual budget for the three-year period from 20 …","paragraph_id":"para_51"},{"text":"14       In addition, decreto-legge n. 198 – Disposizioni urgenti in materia di termini legislativi (Decree-Law No 198 laying down urgent provisions on legislative time limits) of 29 December 2022 (GURI No 303 of 29 December 2022, p. 1) extended existing concessions of State-owned coastal land for a …","paragraph_id":"para_52"},{"text":"15       Finally, Article 1   of decreto-legge n. 131 – Disposizioni urgenti per l’attuazione di obblighi derivanti da atti dell’Unione europea e da procedure di infrazione e pre‑infrazione pendenti nei confronti dello Stato italiano (Decree-Law No 131 laying down urgent provisions for the implement …","paragraph_id":"para_53"},{"text":"16       Directive 2006/123 was transposed into Italian law by decreto legislativo n. 59 – Attuazione della direttiva 2006/123/CE relativa ai servizi nel mercato interno (Legislative Decree No 59 implementing Directive 2006/123/EC on services in the internal market) of 26 March 2010 (GURI No 94 of 2 …","paragraph_id":"para_54"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_55"},{"text":"17       By a decision of 22 December 2023, the Municipality of Rimini decided to terminate the automatic renewal of concessions of State-owned coastal land in its territory for tourism and recreational purposes and to organise tendering procedures to award them to new concessionaires.","paragraph_id":"para_56"},{"text":"18       Balneari Rimini challenged the legality of that decision before the Tribunale amministrativo regionale per l’Emilia Romagna (Regional Administrative Court, Emilia-Romagna, Italy), seeking a ruling that it was entitled to continue to use the State-owned property. Those proceedings are still pending.","paragraph_id":"para_57"},{"text":"19       Moreover, on 3 April 2024, Balneari Rimini brought an action before the Giudice di pace di Rimini (Magistrate, Rimini, Italy) seeking an order requiring the Municipality of Rimini to pay it compensation of EUR 5 000 for non-material damage, consisting in damage to its reputation and to the continuity of its business, allegedly caused by the adoption of the decision to terminate its concession.","paragraph_id":"para_58"},{"text":"20       By order of 26 June 2024, the Giudice di pace di Rimini (Magistrate, Rimini) asked the Court to give a preliminary ruling on the interpretation of Articles 49, 51, 195 and 345 TFEU and certain provisions of Directives 2006/123 and 2014/23.","paragraph_id":"para_59"},{"text":"21       By order of 4 June 2025, Balneari Rimini (C‑464/24, EU:C:2025:498), referring to its case-law arising in particular from the judgments of 14 July 2016, Promoimpresa and Others (C‑458/14 and C‑67/15, EU:C:2016:558); of 20 April 2023, Autorità Garante della Concorrenza e del Mercato (Municipa …","paragraph_id":"para_60"},{"text":"22       In that order, however, the Court declared that request for a preliminary ruling manifestly inadmissible with respect to the third and fourth questions referred to it by the referring court, on the ground that it did not meet the requirements set out in Article 94(a) and (c) of the Rules of Procedure.","paragraph_id":"para_61"},{"text":"23       Following that order, the Giudice di pace di Rimini (Magistrate, Rimini), which is the referring court in the present case, considers that it is not in a position to rule on the dispute in the main proceedings. In particular, it considers that it cannot apply Directive 2006/123 since the applicant in the main proceedings holds a right of continuation (diritto di insistenza) which does not fall within the scope of the rules intended to preserve competition.","paragraph_id":"para_62"},{"text":"24       Moreover, that court considers that the dispute in the main proceedings differs from the situation at issue in the case giving rise to the judgment of 11 July 2024, Società Italiana Imprese Balneari (C‑598/22, EU:C:2024:597), in that the concession held by Balneari Rimini was not renewed but simply extended.","paragraph_id":"para_63"},{"text":"25       That court also considers that there was no need for the Municipality of Rimini to organise a selection procedure providing full guarantees of impartiality and transparency within the meaning of Article 12(1) of Directive 2006/123, since a note from the Presidenza del Consiglio dei Ministri …","paragraph_id":"para_64"},{"text":"26       Furthermore, that court considers that it is very difficult to rule on Balneari Rimini’s claim for compensation. In that regard, it would be fairer, in that court’s view, to propose an amicable settlement of the dispute in the main proceedings whereby, on the one hand, Balneari Rimini’s rig …","paragraph_id":"para_65"},{"text":"27       In those circumstances, the Giudice di pace di Rimini (Magistrate, Rimini) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_66"},{"text":"‘(1)      Must Article 195 and Article 51 of the Treaty on the Functioning of the European Union, [read] in the light of Article 345 TFEU, recitals 9 and 57, Article 1(5) and Article 2(2)(a) and (i) of Directive [2006/123], be interpreted as meaning that concessions of State-owned coastal land used …","paragraph_id":"para_67"},{"text":"(2)      Must concessions of State-owned coastal land used for tourism and recreational purposes, such as the one held by the applicant, the holder of which does not provide a service specified by the awarding entity, but exercises an economic activity on State-owned land on the basis of an agreemen …","paragraph_id":"para_68"},{"text":"(3)      Regardless of the answers to the previous questions, … are concessions of State-owned coastal land used for tourism and recreational purposes, such as the one held by the applicant, which commenced prior to 28 December 2009 and was repeatedly extended by law for an unlimited period, most re …","paragraph_id":"para_69"},{"text":"(4)      Regardless of the answers to the previous questions, … does Article 12 of Directive [2006/123] apply to concessions of State-owned coastal land used for tourism and recreational purposes, such as the one held by the applicant, at the time when the Italian Government, as owner of the coastal …","paragraph_id":"para_70"},{"text":"The questions referred for a preliminary ruling","paragraph_id":"para_71"},{"text":"Admissibility","paragraph_id":"para_72"},{"text":"28       Under Article 53(2) of the Rules of Procedure, where a reference for a preliminary ruling is manifestly inadmissible, the Court, after hearing the Advocate General, may at any time decide to give judgment by reasoned order without continuing the proceedings.","paragraph_id":"para_73"},{"text":"29       That provision must be applied in the present case in respect of the first question and the second part of the fourth question.","paragraph_id":"para_74"},{"text":"30       In that regard, it must be recalled that, according to the Court’s case-law, the procedure provided for in Article 267 TFEU is an instrument of cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of inter …","paragraph_id":"para_75"},{"text":"31       Since the order for reference serves as the basis for those proceedings, the national court is required to explain, in the order for reference itself, the factual and regulatory context of the dispute in the main proceedings and to provide the necessary explanations as to the reasons for th …","paragraph_id":"para_76"},{"text":"32       Moreover, there is no dispute that the information provided in orders for reference serves not only to enable the Court to provide useful answers but also to give the governments of the Member States and other interested parties the opportunity to submit observations in accordance with Arti …","paragraph_id":"para_77"},{"text":"33       The cumulative requirements, referred to in paragraph 31 of the present order, in regard to the content of a request for a preliminary ruling appear expressly in Article 94 of the Rules of Procedure, of which the referring court is supposed, in the context of the cooperation instituted by A …","paragraph_id":"para_78"},{"text":"The admissibility of the first question","paragraph_id":"para_79"},{"text":"34       By its first question, the referring court asks, in essence, whether Articles 51, 195 and 345 TFEU and recitals 9 and 57 and Article 2(2)(a) and (i) of Directive 2006/123 must be interpreted as meaning that concessions of State-owned maritime property used for tourism and recreational purpo …","paragraph_id":"para_80"},{"text":"35       It should be noted that, by that question, the referring court repeats, in essence, the third and fourth questions set out in the request for a preliminary ruling made on 26 June 2024, which gave rise to the order of 4 June 2025, Balneari Rimini (C‑464/24, EU:C:2025:498), which the Court declared manifestly inadmissible in paragraph 51 of that order.","paragraph_id":"para_81"},{"text":"36       However, the present request for a preliminary ruling, like the one referred to in the preceding paragraph, contains no evidence to establish that Balneari Rimini carries out activities connected with the exercise of official authority on the State-owned land which is the subject matter of …","paragraph_id":"para_82"},{"text":"37       In those circumstances, it must be found that the present request for a preliminary ruling does not satisfy the requirements laid down in Article 94(a) and (b) of the Rules of Procedure as regards the first question.","paragraph_id":"para_83"},{"text":"The admissibility of the second part of the fourth question","paragraph_id":"para_84"},{"text":"38       By the second part of its fourth question, the referring court essentially questions the compatibility with Article 4 TEU and the principle of sincere cooperation of the Commission’s conduct, consisting in threatening to bring an action for failure to fulfil obligations and in disseminating …","paragraph_id":"para_85"},{"text":"39       It should be noted, however, that the referring court does not, in the present request for a preliminary ruling, provide any information enabling the Court to assess the Commission’s conduct. Nor does that request make it possible to understand the reasons why the referring court considers that an answer to that question is necessary for the resolution of the dispute in the main proceedings.","paragraph_id":"para_86"},{"text":"40       In those circumstances, it must be found that the present request for a preliminary ruling does not satisfy the requirements laid down in Article 94(a) and (c) of the Rules of Procedure as regards the second part of the fourth question.","paragraph_id":"para_87"},{"text":"41       In the light of all the foregoing considerations, the Court is unable to provide a useful answer to the first question and to the second part of the fourth question. Accordingly, pursuant to Article 53(2) of the Rules of Procedure, those questions must be declared manifestly inadmissible.","paragraph_id":"para_88"},{"text":"Substance","paragraph_id":"para_89"},{"text":"42       Pursuant to Article 99 of the Rules of Procedure, where the answer to a question referred to the Court for a preliminary ruling may be clearly deduced from existing case-law or admits of no reasonable doubt, the Court may at any time, on a proposal from the Judge-Rapporteur and after hearing the Advocate General, give its decision by reasoned order.","paragraph_id":"para_90"},{"text":"43       That provision should be applied in the present case in respect of the second and third questions, as well as the first part of the fourth question, since the answer to those questions may be clearly deduced from the Court’s existing case-law.","paragraph_id":"para_91"},{"text":"The second question and the first part of the fourth question","paragraph_id":"para_92"},{"text":"44       By its second question and the first part of the fourth question, which may be examined together, the referring court asks, in essence, whether Directive 2006/123 and Directive 2014/23 must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreatio …","paragraph_id":"para_93"},{"text":"45       By those questions, the referring court repeats, in very large part, the first question set out in the request for a preliminary ruling made on 26 June 2024, which gave rise to the order of 4 June 2025, Balneari Rimini (C‑464/24, EU:C:2025:498).","paragraph_id":"para_94"},{"text":"46       It is true that, according to settled case-law, the authority of a preliminary ruling does not preclude the national court or tribunal to which it is addressed from taking the view that it is necessary to make a further reference to the Court before giving judgment in the main proceedings. …","paragraph_id":"para_95"},{"text":"47       In the present case, the referring court asks the Court, in essence, to reserve the application of the case-law arising from the judgments of 14 July 2016, Promoimpresa and Others (C‑458/14 and C‑67/15, EU:C:2016:558); of 20 April 2023, Autorità Garante della Concorrenza e del Mercato (Muni …","paragraph_id":"para_96"},{"text":"48       In its order of 4 June 2025, Balneari Rimini (C‑464/24, EU:C:2025:498, paragraphs 30 to 32), the Court relied on its settled case-law in the specific field of concessions of State-owned coastal land used for tourism and recreational purposes. It recalled that, in so far as such concessions …","paragraph_id":"para_97"},{"text":"49       However, the concession at issue in the main proceedings does not concern the provision of a service determined by the contracting authority, but an authorisation to exercise an economic activity on State-owned land. It follows that that concession does not fall within the category of servi …","paragraph_id":"para_98"},{"text":"50       It should be noted, however, that, in the present request for a preliminary ruling, the referring court appears to dispute the scarcity of state-owned land located on the Italian coastline. In that regard, it refers to the note of 6 October 2023, which ruled out such scarcity on the basis o …","paragraph_id":"para_99"},{"text":"51       Under Article 12(1) of Directive 2006/123, where the number of authorisations available for a given activity is limited because of the scarcity of available natural resources or technical capacity, Member States are to apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure.","paragraph_id":"para_100"},{"text":"52       As the Court held in paragraphs 46 to 49 of its judgment of 20 April 2023, Autorità Garante della Concorrenza e del Mercato (Municipality of Ginosa) (C‑348/22, EU:C:2023:301), in the light of its wording, that provision confers on the Member States a degree of latitude as to the choice of c …","paragraph_id":"para_101"},{"text":"53       It follows that, in unconditional and sufficiently precise terms, Article 12(1) and (2) of that directive imposes on Member States an obligation to apply an impartial and transparent selection procedure to potential candidates and prohibits them both from automatically renewing and from aut …","paragraph_id":"para_102"},{"text":"54       It follows from the Court’s settled case-law that administrative authorities, including municipal authorities, are under the same obligation as a national court to apply the unconditional and sufficiently precise provisions of a directive and to refrain from applying provisions of national …","paragraph_id":"para_103"},{"text":"55       In the present case, as pointed out in paragraph 50 of the present order, the Prime Minister’s Office considered, in the note of 6 October 2023 and following an assessment which the referring court described as abstract and general, but also as proportionate and non-discriminatory, that the natural resources located on Italian State-owned maritime property were not scarce.","paragraph_id":"para_104"},{"text":"56       In that regard, as noted in paragraph 53 of the present order, the assessment of the condition relating to the scarcity of natural resources falls to the competent national authority, subject to review by a national court.","paragraph_id":"para_105"},{"text":"57       This means, in the present case, first, that the referring court should verify that the Prime Minister’s Office constitutes, under Italian law, the authority competent to carry out that assessment, secondly, that that court should verify that that office has, as it claims, actually applied …","paragraph_id":"para_106"},{"text":"58       In that regard, it is important to point out that the fact that the concession at issue in the main proceedings is granted not at national level but at a municipal level must be taken into account in establishing whether the State-owned maritime property available for economic exploitation …","paragraph_id":"para_107"},{"text":"59       In the light of the foregoing considerations, the answer to the second question and to the first part of the fourth question is that Directive 2006/123 and Directive 2014/23 must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreational purpose …","paragraph_id":"para_108"},{"text":"The third question","paragraph_id":"para_109"},{"text":"60       By its third question, the referring court asks, in essence, whether Article 44 of Directive 2006/123 must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreational purposes which were granted before 28 December 2009, the date on which that dir …","paragraph_id":"para_110"},{"text":"61       By this question, the referring court repeats, in essence, the second question set out in the request for a preliminary ruling made on 26 June 2024, which gave rise to the order of 4 June 2025, Balneari Rimini (C‑464/24, EU:C:2025:498).","paragraph_id":"para_111"},{"text":"62       That said, as pointed out in paragraph 47 of the present order, the referring court highlights, in the present request for a preliminary ruling, the fact that, in the present case, the concession for the occupation of State-owned maritime property granted to Balneari Rimini was not renewed …","paragraph_id":"para_112"},{"text":"63       In that regard, it should be noted that, in paragraph 40 of the order of 4 June 2025, Balneari Rimini (C‑464/24, EU:C:2025:498), the Court pointed out that the renewal of a concession for the occupation of State-owned maritime property takes the form of a succession of two titles of occupat …","paragraph_id":"para_113"},{"text":"64       However, that statement, which first appeared in the judgment of 11 July 2024, Società Italiana Imprese Balneari (C‑598/22, EU:C:2024:597, paragraph 58), must be viewed in the context of the case which gave rise to that judgment. That statement, concerning the assessment of the compatibilit …","paragraph_id":"para_114"},{"text":"65       Moreover, it is clear from the judgment of 20 April 2023, Autorità Garante della Concorrenza e del Mercato (Municipality of Ginosa) (C‑348/22, EU:C:2023:301), that the renewal and the initial grant of a concession for the occupation of State-owned maritime property – to the latter of which …","paragraph_id":"para_115"},{"text":"66       In the light of the foregoing considerations, the answer to the third question is that Article 44 of Directive 2006/123 must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreational purposes which were granted before 28 December 2009, the date …","paragraph_id":"para_116"},{"text":"Costs","paragraph_id":"para_117"},{"text":"67       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court.","paragraph_id":"para_118"},{"text":"On those grounds, the Court (Seventh Chamber) hereby rules:","paragraph_id":"para_119"},{"text":"1.       Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts","paragraph_id":"para_120"},{"text":"must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreational purposes, the holder of which does not provide a service determined by the contracting entity, but carries out an economic activity on the State-owned public land on the basis of an agreemen …","paragraph_id":"para_121"},{"text":"2.       Article 44 of Directive 2006/123","paragraph_id":"para_122"},{"text":"must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreational purposes which were granted before 28 December 2009, the date on which that directive entered into force, and which have been renewed or repeatedly extended by the national legislature for a …","paragraph_id":"para_123"},{"text":"[Signatures]","paragraph_id":"para_124"},{"text":"*       Language of the case: Italian.","paragraph_id":"para_125"}],"operative_part":"On those grounds, the Court (Seventh Chamber) hereby rules:\n\n1.       Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of …","word_count":7489,"cites":["C-464/24","C-458/14","C-67/15","C-348/22","C-598/22","C-558/18","C-563/18","C-430/19","C-614/14","C-19/14","C-208/20","C-256/20","C-466/00","C-356/22"],"cited_by":[],"sha256":"7c511739149ee5699b288fef10970efd4f8b8a0d76e99001810a10c31e83fc48","source_url":"https://publications.europa.eu/resource/celex/62025CO0574","fetched_at":"2026-09-28T06:30:01.358+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-574-25","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-574-25","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-574-25","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-574-25","verification":{"stored_sha256":"7c511739149ee5699b288fef10970efd4f8b8a0d76e99001810a10c31e83fc48","recomputed_sha256":"7c511739149ee5699b288fef10970efd4f8b8a0d76e99001810a10c31e83fc48","intact":true,"checked_at":"2026-10-25T01:50:26.858Z"}},"hash":"sha256:91ce72ec7e52fa114e385532749cd4392b6449cb816752a8864fb5af7fd6f618","version":"legal-2026-10-24","expires":"2026-10-26T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-24+legal-2026-10-24+2026-10-24T20:07:20","content_hash":"sha256:91ce72ec7e52fa114e385532749cd4392b6449cb816752a8864fb5af7fd6f618","revalidate_after":"2026-10-25T02:50:28.032Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-574-25","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-574-25"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-574-25"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-574-25"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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