One of Naples' most iconic beaches, Bagno Elena in Posillipo, is once again open to the public. The Council of State has rejected the appeal filed by the beach resort's managers seeking a stay on the Campania Regional Administrative Court's ruling, which had annulled the extension of the concession granted by the Port Authority.
A decision that temporarily returns the beach to the community and paves the way for a new public tender for its assignment.
The judges have come under scrutiny for the conduct of the Naples Port Authority, accused of extending the old concessions without ever having held a tender, despite the obligation established by European regulations.
According to the Council of State, the agency has so far only carried out "merely preliminary work" and has not implemented the concrete steps needed to ensure a transparent award procedure.
The appeal and the legal battle
The appeal was filed by Mario Morra, owner of Bagno Elena and representative of the beach workers' union, supported in the proceedings by the Port Authority. After the TAR ruling, Morra obtained a single-judge decree allowing him to remain on the beach until the July 15th hearing.
But the collegial decision has overturned everything: now the beach will have to be completely cleared of equipment, making room for free bathing.
The dispute was triggered by a complaint from Edoardo Trotta, entrepreneur and owner of the Palazzo Petrucci restaurant, which overlooks the disputed beach. Trotta requested a public tender to participate in the transformation of the area into a luxury beach resort.
The administrative judges ruled in favor of Trotta, emphasizing that "the conditions for granting protection to the appellant company's private interest in the continuity of its business do not exist," and that instead the public interest "in the collective and indiscriminate enjoyment of public property" must be protected, as well as that of other economic operators aspiring to compete on an equal footing.
The legal precedent
The Council of State 's order follows an increasingly consolidated line of case law: several regional administrative courts have already declared the extensions of state-owned land concessions until 2027, provided for by a decree issued by the Meloni government in September 2024, to be unlawful because they conflict with European law.
In this specific case, the annulment concerned the resolution of May 9, 2024, provisional concession no. 112 of 2024, and a further Authority resolution of January 23, 2025. All of these actions were deemed to be contrary to EU principles on competition and free participation in public tenders.
The history of Bagno Elena
Bagno Elena is not just a beach, but a piece of Naples' history. Established in 1840 under the name "Bagni Marini," it is considered the city's first beach resort. Between the XNUMXth and XNUMXth centuries, it was frequented by celebrities such as Oscar Wilde, Richard Wagner, Maxim Gorky, and later Totò, Eduardo De Filippo, and Domenico Rea. It is even said that the bay was the secret hideout of Admiral Nelson and his wife, Lady Hamilton.
Now, however, that stretch of coast overlooking Palazzo Donn'Anna is once again free, at least until a new tender is announced. And Naples—for now—is reclaiming a part of its seaside heritage.
I hope the next steps will be clear and that no one will gain an advantage over the others. It's important to protect the public interest, not just that of private individuals. The situation is complex.
It's interesting that the Council of State has decided to cancel the extension for Bagno Elena, but I wonder if this decision will actually lead to a fair and transparent public tender for everyone.