La devoluzione al demanio delle opere costruite sul litorale: quali indennizzi per i concessionari balneari?

The article examines the principle of free acquisition by the State, on expiry of the concessionary relationship, of the fixed structures erected on coastal land. First of all, it describes the regulatory development and the swinging answers of the national jurisprudence, which has not yet provided a unanimous orientation. Moreover, it focuses on the last intervention of the Court of Justice of the European Union about compensation payment upon expiry of State-owned maritime concessions. The Court confirmed that Article 49 TFEU must be interpreted as allowing a national rule that requires the concessionaire to transfer the fixed structures immediately, with no consideration and without compensation. Nonetheless, the Italian Parliament has established new provisions to guarantee compensations to outgoing concessionaires. The article reviews this recent legislative intervention, looking for a point of balance between the protection of both competition and the outgoing concessionaire’s legitimate expectations.