Litigation

The Palermo Regional Administrative Court upholds the revocation of the Italo-Belga concession for Mondello

The company’s appeal against the Region’s decision has been dismissed. Savarino: ‘Compliance with the rules is non-negotiable’. An appeal to the CGA remains possible

Concessioni balneari, governo prepara nuove regole

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The Palermo Regional Administrative Court has dismissed the appeal lodged by Italo-Belga and confirmed the lawfulness of the revocation of the state-owned maritime concessions on Mondello beach. The First Section, presided over by Salvatore Veneziano, dismissed the appeal lodged by Mondello Immobiliare Italo-Belga against the decree of revocation issued on 26 February by the Director-General of the Regional Department of the Environment, which forms part of the Regional Department for Territory and the Environment headed by Giusi Savarino.

The decision comes after the beach season, which the company had been able to manage thanks to the interim suspension ordered by the Administrative Justice Council. A new phase is now beginning for the future of Palermo’s beach, whilst the concessionaire may appeal against the ruling before the CGA.

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Savarino: ‘The legitimacy of our action has been confirmed’

“An important decision, which confirms the legitimacy of our administrative action and recognises the validity of the allegations made against the company,” comments Savarino.

In the statement issued following the ruling, the councillor highlights four aspects of the grounds for the decision: the autonomy of regional assessments, the proper exercise of administrative discretion, the seriousness and repeated nature of the alleged infringements, and compliance with the right to be heard.

According to the passages from the judgement cited by Savarino, ‘even from the point of view of the specific content of the final decision, the independence of the assessments made by the defendant administration is evident’. The judges further observe that ‘it cannot reasonably be argued that the defendant administration exercised its administrative discretion irrationally’.

The councillor also refers to the Regional Administrative Court’s mention of the ‘serious and persistent nature of the multiple acts alleged against the applicant’ and to the assessment of the defences put forward by the company during the proceedings, which the Region had examined and refuted in detail.

“These words confirm the validity of the assessments underpinning our decision to revoke the licence and the correctness of the administrative procedure followed by the Region,” says Savarino.

The complaints regarding Gm Edil and the catering services

The revocation order was based on two main allegations. The first concerned the work entrusted to Gm Edil, a company which Italo-Belga used for maintenance work on sun loungers, parasols and wooden beach huts, as well as for cleaning the beach.

The Prefect of Palermo, Massimo Mariani, had signed an anti-Mafia disqualification order against Gm Edil. The sole director of the company was the brother – with no previous convictions – of a man convicted of Mafia-related offences, who is believed to be the alleged head of the Resuttana clan.

The Italian-Belgian company had stated that it had severed ties with the firm some time ago. The dealership was subsequently subject to a collaborative preventive measure, with the prefect appointing three experts tasked with supporting the implementation of preventive measures and ensuring the business could continue to operate.

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The second allegation concerned the awarding of the management of restaurants and bars to the company Mida Srl, which, according to the regional department, had taken place without the necessary authorisations.

The summer season and the possible appeal

The legal proceedings had already gone through several stages. The Regional Administrative Court had initially rejected the company’s application for an interim injunction against the regional decree. First, the president of the CGA, Ermanno De Francisco, and then the panel had suspended the measure on grounds of public order, allowing Italo-Belga to operate during the 2026 bathing season.

The hearing on the merits took place before the Regional Administrative Court on 6 October. The ruling announced today confirms the legitimacy of the forfeiture, but the matter may still be referred to the Higher Administrative Court following an appeal by the company.

The future of the beach and the management of state-owned land

“Compliance with the rules, licence obligations and the law is non-negotiable,” emphasises Savarino. “We will continue to act with determination to safeguard the public interest, ensure the transparent management of maritime state property and defend citizens’ right to the proper development of our coastal heritage. Without making any concessions to anyone.”

Regional councillor Ismaele La Vardera also claims credit for the result: “I was right; it was only a matter of time. At last, Mondello is truly free. I have won a historic battle; they thought we were mad, but our practical efforts do make a difference.”

The administrative procedures for the future management of the beach still need to be finalised: the arrangements and timetable for allocations, the organisation of services, and the areas set aside for public use. The layout of the beach for the 2027 bathing season will depend on the Region’s forthcoming decisions and on whether the legal dispute continues.

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