The Spinelli Group has lost its last legal battle over the Genoa Port Terminal in Calata Sanita at Sampierdarena, which pitted it against Sech-Psa. This chapter was written by the ruling issued on October 15, 2024, by the State Council, based on an appeal by Sech-Psa against Spinelli's concession. The judges upheld the argument that the terminal, which, according to the 2001 Three-Year Operational Plan, should perform multipurpose activities (area S3), is instead predominantly used for container handling. The State Council overturned the decision of the Liguria Regional Administrative Court (TAR), which had previously rejected Sech's claims.
The judges explained that multipurpose terminal operators have lower investments and operating costs compared to container terminal operators. Therefore, if they predominantly handle containers, it results in "a clear distortion of the competitive landscape as regulated by the port plan, to the detriment not only of competing private interests but also of the public interests underlying port planning."
The ruling by the State Council is immediately enforceable. In practical terms, this means that the Western Ligurian Sea Port Authority should revoke Spinelli's concession for the Genoa Port Terminal as soon as the deadline for filing a possible appeal to the Court of Cassation expires. Alternatively, Spinelli could attempt to keep the concession by drastically reducing container handling, a solution that would not appeal to Hapag-Lloyd, which owns 49% of the group and uses the terminal for its container ships.
This ruling by the State Council is like a boulder dropping into the waters of Genoa, potentially creating a tsunami at the port. The first wave would hit the Spinelli Group itself, which risks losing a key asset or having to downsize it to the point of making it practically useless. It also risks losing the interest of its German partner, as well as potentially affecting its employees. And all this is happening during a sensitive phase of a complete leadership change, triggered by an investigation into corruption in the Liguria Region involving the group's founder.
The second wave would impact the Port Authority, which must decide what to do with the terminal. If the Port Plan is not changed, meaning the terminal remains multipurpose, it would conflict with the strategy underlying the port's development, which aims to surpass two million TEUs. If the authority decides to change the plan, transforming the multipurpose terminal into a dedicated container terminal, it would need to initiate a lengthy process and a new tender, with unpredictable timelines and a high risk of appeals.
The ruling could also impact the project for the new breakwater. Not in terms of halting the work, but in reducing its scope compared to the premises that initiated its construction. If only two container terminals remain in Sampierdarena (Sech-Psa and Intermodal Marine), does it make sense to carry out a project worth over one billion euros to accommodate large container ships if the port lacks the facilities to handle such an increase in traffic? These are difficult decisions that are happening during a transitional phase, with the Port Authority being led by an extraordinary commissioner and uncertainty about when a new president will be appointed.
On the afternoon of October 16, 2024, the Spinelli Group issued a press release announcing its appeal to the Court of Cassation against the ruling issued the previous day by the State Council concerning the Genoa Port Terminal dispute, which had upheld Sech-Psa's arguments. The full statement reads: "Following the State Council's ruling that annulled the State Concession for the GPT Terminal in the Port of Genoa, Spinelli Group announces that it will file for a review of the ruling with the State Council, as it contains factual errors, as well as an appeal to the Court of Cassation for violation of Article 111 of the Constitution regarding the minimum requirement for reasoning. The company has requested immediate intervention from the Ministry to ensure the defense of jobs and the continuity of the terminal's operations, guaranteeing traffic flows. The full operation of the terminal has also been communicated to all interested shipping companies."
