Ports and terminals
For over thirty years, the Firm has been providing highly specialized legal consultancy in the port sector. Thanks to constant participation in ministerial working groups, trade associations, and technical-scientific bodies, the Firm’s professionals have developed specific expertise and a comprehensive approach to port-related matters, both in out-of-court matters and litigation before competent courts.
The Firm assists Port System Authorities, public administrations, concessionaires, terminal operators, enterprises, and private player in every phase of port and terminal development and management, including related services and infrastructure.
With a team of experts and a multidisciplinary approach, the Firm offers clear, timely, and strategic advice, guiding clients through the complexities of the port sector. The Firm works with both public bodies and private companies, offering bespoke legal solutions that maximize results.
Support in drafting and updating Port Master Plans and legal assistance in urban planning procedures;
Assistance and support in public tender procedures, concession award processes, and issue of authorization;
Structuring of Public-Private Partnership (PPP) and project financing transactions.
Due diligence for M&A transactions, change of control statements, and other corporate operations involving companies operating in the port sector, with particular reference to concession and authorization aspects, as well as analysis of related risk profiles.
Legal advice on matters related to dredging, emissions, waste management, bunkering, and anti-pollution services.
Assistance in managing relations with the competent Authorities and service providers. Legal advice on port labour matters.
Assistance in dealings with the Customs Agency and other competent authorities responsible for controlling goods in transit through the ports.
Assistance in litigation before administrative courts, including the resolution of disputes related to public procurement procedures and concession fees.
Notable cases
We have provided legal representation to numerous Port System Authorities in disputes before the competent administrative courts involving sector operators and concessionaire companies.
We have assisted numerous Port System Authorities in strategic matters within their remit, such as the forfeiture of state property concessions and the exercise of planning powers, including in the litigation phase.
We have provided legal assistance, with particular focus on concession and authorization matters, to companies involved in the acquisition of shareholdings in terminal operators and/or companies operating in the port sector.
We provide ongoing judicial and extrajudicial assistance to concessionaires, terminal operators, and companies active in the ROV & offshore markets, including the drafting and negotiation of sector-specific contracts. Our full-service approach covers the entire range of operational and regulatory requirements.
We assist companies under Articles 16 and 18 of Law 84/1994 in the preparation of applications for concessions of maritime state-owned assets and authorizations, providing specific advice in the related administrative procedures.
We have assisted a Temporary Business Association (ATI) in submitting the winning bid in a tender issued by the Port Authority of one of the most important Italian ports for the concession concerning the design, construction, and long-term management of a logistics platform covering approximately 120,000 square meters. We provided support throughout the entire process, up to and including the signing of the contract with the contracting authority.
We have assisted a port terminal pursuant art. 16 and 18 of the Law no. 84/1994 in preparing an appeal under Article 700 of the Italian Code of Civil Procedure in order to request the urgent inhibition of unfair competitive conduct pursuant to Article 2598(3) of the Italian Civil Code and/or abusive conduct under Article 9 of Law No. 192/1998.
These actions were put in place by a concessionaire company of a port terminal through the issuance of an illegitimate tender concerning the awarding of the “operation” service (i.e., unloading and handling of coal batches arriving by ship at the port, destined for the supply of a well-known thermoelectric power plant).
We assisted a leading terminal operator company in submitting an application – subsequently approved – to the Port System Authority for the concession of a port terminal to operate the entire cycle of port activities, also providing consultancy in drafting and reviewing employment contracts with the relevant employees.
We have advised various port terminal operators pursuant to art. 16 and 18 of the Law no. 84/1994 in order to identify the conditions under which the concessionaire pursuant to art. 18, Law no. 84/1994 can avail itself of a company in possession of the authorization provided for by the art. 16 of the Law no. 84/1994 for the performance of part of the activities object of its concession.
We have represented a leading company in the field of maritime work in the dispute with a subcontractor regarding dredging works carried out in one of the largest national ports.
We have advised several enterprises holding buildings under concession in port areas in disputes brought against the Agenzia del Territorio (i.e. the Italian Land Registry Office), aimed at ascertaining the illegality of the new cadastral classifications.
We have also acted in proceedings against various Municipalities to obtain the annulment of the ICI (council property tax) payment requests, the amounts of which were determined based on those unlawful cadastral classifications;
