The Governance of Italian Ports and its Financial Implications

The paper examines the current legal framework of the Italian seaports’ management and organization in the light of the recent port sector reform and of the EU Transport Law and Policy. The main focus is on the legal nature of Port System Authorities, which play a key role in the current port environment. With reference to the domestic regime, the starting point for a correct classification of the nature and the duties of the Italian Port Authorities is represented by the analysis of the law No. 84 of 1994, recently amended by Legislative Decree No. 169/2016. The qualification of the Port Authorities, both under the Italian and the EU law, has significant and practical implications, concerning, in particular, the regime governing their activities and the related taxation. In such a perspective, the article provides an overview of the Italian port policy that is under the watchful eye of the European Commission, which is monitoring the exemption from corporate income tax of ports in Italy in order to verify their compatibility with the common market. This article offers also an insight into the interpretation of the Italian Courts, the European Court of Justice and the European Commission about the character (entrepreneurial or not) of the management of seaports under EU State aid rules. Conclusions will focus on the issues to be evaluated in order to establish an efficient internal port system, in compliance with the EU rules for a competitive maritime market.