Rimini Court issues rulings on debt discharge and maritime fees

The Court of Rimini has issued two distinct rulings involving financial liabilities and concessions.

In a case regarding debt discharge, the court granted a request for discharge under Article 282 of the C.C.I. for an individual who had entered controlled liquidation after providing guarantees for a family member. The court ruled that the request was valid because the guarantees were not provided with bad faith, gross negligence, or fraud, as the individual was unaware of the impending crisis of the family business at the time of the commitment. The discharge applies to the unpaid credits within the controlled liquidation.

In a separate matter, the Court of Rimini annulled a payment notice issued to Marina Blu S.p.A., the concessionaire of the Marina di Rimini. The court rejected a demand for €77,315.46 in additional maritime concession fees for 2023. The ruling emphasized that the marina is a complex private infrastructure built under a 50-year concession from 2001, and that unilateral changes to the economic balance of the concession are illegitimate. The court also noted that a 25.15% extraordinary increase applied in 2023, based on a ministerial decree, could not be retroactively validated following its annulment by the TAR Lazio.