Tourism Law in Europe

8 for granting them must be established in compliance with the principles of protection of competition and freedom of establishment, provided for by European and national legislation, and corresponding to areas reserved to the exclusive competence of the State, under Article 117, second paragraph, letter e), of the Italian Constitution 28 . Often these indications have been disregarded, as in the case of the law of the Liguria Region no. 26 of 2017, which has been struck by a declaration of constitutional illegitimacy. The goal of the regional legislator was to “guarantee the business continuity of the activities” 29 already carried out on the basis of a previous title, therefore to “ensure the legitimate expectations” 30 of the relevant entrepreneurs, with the provision of “guarantees for the preservation of the right to continuity” 31 of the pre-existing concessions. This aim was contrary to that identified by Community 32 case law. In particular, Article 2(1) and (2) of Ligurian Law No 26 of 2017 recognised the possibility for beach establishment enterprises holding concessions to continue to carry out their initiatives and postponed the effects of the old measures for thirty years from the date of entry into force of the same rule. The legislator had limited the protection of competition and equal treatment of all applicants. Inevitably, the Court of Justice 33 intervened, demonstrating the transnational dimension of the problem. In fact, concessions fall within the scope of Article 12(1) of Directive 2006/123/EC, according to which, where the granting of measures is required in order to carry out activities involving the use of scarce natural resources, States must adopt selection procedures that guarantee impartial access. Concessions are included in this concept, given the structural limits to the stretches of coastline that can be exploited. These measures must be limited in time and must not provide for automatic renewal or grant other advantages to the outgoing holder. 28 See Constitutional Court 9 January 2019, No 1, in Consulta on line, 2019. 29 So says Article 1(2) of Liguria Regional Law No 26 of 2017. 30 So says Article 1(2) of Liguria Regional Law No 26 of 2017 . 31 So says Article 1(2) of Liguria Regional Law No 26 of 2017 . 32 See Court of Justice, Sect. V, 14 July 2016, Joined Cases C - No 459 of 2014 and C - No 67 of 2015, Promoimpresa Srl v. Consorzio dei comuni della sponda bresciana del lago di Garda e del lago di Idro and Melis and Others v. Comune di Loiri Porto San Paolo and Provincia di Olbia Tempio. 33 See Court of Justice, sez. V, 14 July 2016, Joined Cases C - No 459 of 2014 and C - No 67 of 2015, Promoimpresa Srl v. Consorzio dei comuni della sponda bresciana del lago di Garda e del lago di Idro and Melis and others v. Comune di Loiri Porto San Paolo and Provincia di Olbia Tempio.