Ship Waste Collection And Barge Bunkering Services: Major Steps Towards Market Opening

In a recent judgement ¹, the Consiglio di Stato [Italian Higher Administrative Court] has set out some important principles regarding the entrustment of waste collection services on board ships, but also - more generally - regarding the value of the entries in the registers under Article 68 of the Italian Navigation Code ² and the procedures for selection of the operators who are called on to provide public port services.

The case on which the judgment at hand was based is quite complex but can be summarised - very briefly - as follows.

Two companies providing waste collection services - under expired licences - on board ships moored in certain ports in Sardinia challenged the refusal by the competent Port System Authority ("AdSP") of their application for extension of their concessions. Said refusal was grounded - on the one hand - on the need to award such concessions through a public tender and - on the other hand - on the decision to have the service