Posts
-
7–10 minutes
Continue reading →: The renewal of beach concessions in Portugal and the Services Directive – the need for adjustment after the Promoimpresa case, by Rui LanceiroEven before the judgement on the preliminary ruling of case C-348/22 Comune di Ginosa, Portugal was confronted with the need to adjust its national legal regime regulating “beach concessions” on public land (under a regime equivalent to the French domaine public) with the Promoimpresa decision (Joined Cases C-458/14 and C-67/16).…
-
8–12 minutes
Continue reading →: CJEU, Case C‑348/22, Autorità Garante della Concorrenza e del Mercato v Comune di Ginosa and the German legal system, by Manuela Niehaus and Stefan KorteIn April 2023, the European Court of Justice (CJEU) ruled that Italian municipalities’ practice of automatically renewing concessions for the use of state-owned beaches is unlawful under Art. 12(1) and (2) of Directive 2006/123/EC on services in the internal market (EU Services Directive, SD). Although the Italian seafront is public property,…
-
Instrumentalisation of EU Directives by national administrative authorities by Stamatina Xefteri
Published on
7–10 minutesContinue reading →: Instrumentalisation of EU Directives by national administrative authorities by Stamatina XefteriEU directives are a powerful and flexible legal instrument not only in the hands of individuals, but also in the hands of the national administrative authorities of the Member States. Until recently, they were exclusively perceived as an effective legal instrument, available to individuals, enabling them to exercise their rights…
-
9–13 minutes
Continue reading →: The obligations for administrative authorities in light of the relationship between national and EU law, by Angela CossiriOn 20 April 2023 (Comune di Ginosa case C-348/22), the CJEU mainly upheld the legal framework regarding occupation of State-owned maritime property for tourism and recreational activities. There is a persistent and radical divergence between Italian and EU law in this matter, identified by the CJEU in Promoimpresa (joined Cases…
-
7–10 minutes
Continue reading →: Could Greek protesters against commercial sunbeds rely on a pro-market ΕU-directive to achieve their goal? Comment on Case C‑348/22, by Michail RodopoulosΙ. Concessions for the occupation of State-owned maritime property are a matter of interest under EU law For the inhabitants of Mediterranean countries, the sun and the sea are a self-evident pleasure, but the management of natural resources by the public authorities is anything but easy. In the case of…
REALaw.blog 