Managing a commercial activity based on a public concession, whether it's a kiosk, a maritime state property area, or a municipal commercial space, requires stability and legal certainty. When the public administration suddenly decides to revoke, not renew, or withdraw such a concession, the economic consequences for the entrepreneur can be devastating. We deeply understand the confusion and concern that arise from seeing one's source of income threatened due to an administrative measure that appears unjust or unfounded. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci offers targeted legal assistance to protect the investments and work of concession holders in the face of illegitimate acts by the Public Administration.
When the withdrawal of a concession generates a right to compensation
The relationship between private individuals and the Public Administration is governed by strict rules that balance public interest with the rights of the concession holder. Although the public body has the power of self-protection and can revoke a concession for supervening reasons of public interest, this power is neither unlimited nor arbitrary. Italian jurisprudence recognizes the principle of legitimate expectation: if the private individual has relied in good faith on the stability of the administrative measure, investing resources and time, a sudden or illegitimate revocation can constitute a tort. Compensation for damages does not automatically arise for every revocation, but becomes enforceable when the administrative action violates the rules of correctness and good faith, or when the measure is vitiated by an abuse of power or violation of law. It is essential to distinguish between the protection of a legitimate interest (often asserted before the TAR - Regional Administrative Court) and the subjective right to compensation for patrimonial damages suffered.
The Bianucci Law Firm's approach to protecting concession holders
Facing litigation against a public entity requires a strategy that integrates expertise in administrative and civil law. The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, begins with a rigorous analysis of the revocation or denial of renewal measure. The first step is to verify the formal and substantive legitimacy of the act: have the procedures been followed? Are the reasons cited by the entity real and sufficient? Once the illegitimacy of the administration's conduct is ascertained, the firm focuses on the precise quantification of the economic damage. This includes both direct damages, i.e., expenses incurred unnecessarily and the immediate loss of value of investments, and lost profits, i.e., the income that the activity would have generated if the concession had continued regularly. The defense is constructed to demonstrate the direct causal link between the illegitimate act and the economic loss, aiming to obtain full compensation for the client.
Frequently Asked Questions
Is it always possible to claim compensation if the Municipality revokes the concession?
Not always. Compensation is due only if the revocation is illegitimate or if, even if legitimate, it violates the private individual's legitimate expectation without providing for compensation, or if it occurred in violation of the duties of procedural correctness and good faith. A specific assessment of the individual case is necessary.
What types of damages are compensated in these cases?
Generally, compensation covers direct expenses incurred for the activity and unamortized investments (direct damages) and the loss of future profits that would have been reasonably achieved (lost profits) for the remaining period of the concession or for the time necessary to restart a similar activity.
Within what time frame must I act to contest the revocation?
The deadlines are very strict. For challenging an illegitimate administrative act before the TAR, the deadline is usually 60 days from notification. For an independent claim for damages, the deadlines may be longer, but it is always advisable to act promptly to avoid prejudicing one's rights.
Can I obtain compensation even if the concession had expired?
If the concession had expired, there is no automatic right to renewal. However, if the administration has created a legitimate expectation of renewal through its previous conduct or acts, and then unjustly denied it causing damages, there may be grounds for a claim for damages for pre-contractual liability.
Request a legal consultation in Milan
If your business is at risk due to a revocation, forfeiture, or non-renewal of a public concession, it is essential to act quickly and competently. Avv. Marco Bianucci is available to examine the administrative documentation and assess the existence of the prerequisites for a claim for damages. Contact the Bianucci Law Firm at via Alberto da Giussano 26 in Milan to schedule an appointment and define the best defense strategy for your business assets.