the assignment of new concessions likely to jeopardize a correct competitive comparison. Furthermore, since 2018, ICA has highlighted the opportunity of quickly adopting legislation relating to beach concessions which provide for the immediate selection of concessionaires based on principles of competition, impartiality, transparency which guarantee an efficient use of public resources and adequate remuneration of the asset, as to allow the transfer of a greater part of the income to the community12. With reference to extensions, ICA has repeatedly underlined how the continued use of this instrument violates the principles of competition to the extent that it prevents competitive comparison in the market, which should be guaranteed when awarding services involving State resources13. During the two-year period 2020-2021, in particular, ICA invited multiple municipal administrations to disapply the national legislation underlying the decisions to extend maritime concessions for tourist-recreational purposes due to their conflict with articles 49 and 56 of the TFEU and Article 12 of Directive 2006/123/EC14. Lastly, the EU Court of Justice has stated: (i) the immediately enforceable nature of Article 12 of the Services Directive, as both the obligation for Member States to apply an impartial and transparent selection procedure among potential candidates is stated in an unconditional and sufficiently precise manner (points 66-67) and the prohibition on automatically renewing an authorization issued for a specific activity (points 68-69); (ii) the obligation not only for the judge but also for the State administrations, including municipal ones, to disapply national legislation conflicting with that of the Union15. In this sense, the position taken in certain rulings of the Italian administrative judge, according to which the application of art. 12 must be considered conditional on the preliminary investigation entrusted to the Member States 2016, no.11, p. 1211. 12 See AS1550 – Concessioni e criticità concorrenziali, in Official Bullettin n. 48/2018. 13 See AS1730 – Proposte di riforma concorrenziale ai fini della legge annuale per il mercato e la concorrenza anno 2021, in Official Bullettin n. 13/2021. 14 See, for example, AS1701 – Comune di Piombino (LI) – Concessioni demaniali marittime con finalità turistico ricreative, in Official Bullettin n. 41/2020; AS1729 – Comune di Ginosa (TA) – Proroga delle concessioni demaniali marittime con finalità turistico ricreative, in Official Bullettin n. 13/2021; AS1725 – Comune di Reggio Calabria – Proroga concessioni demaniali marittime con finalità turistico-ricreative, in Official Bullettin n. 12/2021; AS1799 – Regione Autonoma della Sardegna – Proroga delle concessioni demaniali marittime con finalità turistico-ricreative, in Official Bullettin n. 43/2021. 15 See, Court of Justice, 20 April 2023, AGCM, Municipality of Ginosa, C-348/2022, ECLI:EU:C:2023:301. 154 ROSARIA GAROZZO
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