Case C-464/24, Balneari Rimini: Order of the Court (Seventh Chamber) of 4 June 2025 (request for a preliminary ruling from the Giudice di pace di Rimini – Italy) – Balneari Rimini v Comune di Rimini (Reference for a preliminary ruling – Article 53(2) and Article 94(c) of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Manifest inadmissibility in part – Article 99 of the Rules of Procedure – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Directive 2006/123/EC – Directive 2014/23/EU – Scope – Concessions of State-owned coastal land used for tourism and recreational purposes – Action for damages – No automatic extension)
Date: 2025-06-04
Institutions: Court of Justice
Subjects: Italy, coastal region, economic activity, provision of services, public property, service concession, services of general interest, state-owned land, tourism








C_202505303EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5303


13.10.2025






Order of the Court (Seventh Chamber) of 4 June 2025 (request for a preliminary ruling from the Giudice di pace di Rimini – Italy) – Balneari Rimini v Comune di Rimini


(Case C-464/24,
                (1)
Balneari Rimini)

(Reference for a preliminary ruling - Article 53(2) and Article 94(c) of the Rules of Procedure of the Court of Justice - Requirement to provide reasons justifying the need for an answer from the Court - Manifest inadmissibility in part - Article 99 of the Rules of Procedure - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Directive 2006/123/EC - Directive 2014/23/EU - Scope - Concessions of State-owned coastal land used for tourism and recreational purposes - Action for damages - No automatic extension)
(C/2025/5303)
Language of the case: Italian

Referring court

Giudice di pace di Rimini

Parties to the main proceedings


Applicant: Balneari Rimini

Defendant: Comune di Rimini

Intervener: I.R.

Operative part of the order







1.


Article 12 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts
must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreational purposes, the holder of which does not provide a service determined by the contracting entity, but carries out an economic activity in an area of State-owned public land on the basis of an agreement conferring on the holder the right to manage certain public assets or resources, under a private or public law regime, in the context of which the State lays down only the general conditions of use, come within the scope of Directive 2006/123, provided that those concessions concern natural resources, within the meaning of that provision, and in so far as the number of authorisations available for tourism and recreational activities is limited on account of the scarcity of natural resources.










2.


Article 44 of Directive 2006/123
must be interpreted as meaning that concessions of State-owned coastal land used for tourism and recreational purposes which were awarded before 28 December 2009 and renewed after that date, come within the scope of that directive when they are renewed, the date on which those concessions were initially awarded being irrelevant in that regard.






(1)  OJ C, C/2024/5404.


ELI: http://data.europa.eu/eli/C/2025/5303/oj
ISSN 1977-091X (electronic edition)