Gargnano Boat Slip Dispute Ends as Court Reaffirms Municipality’s Allocation

The outcome of the dispute over boat slips in Gargnano

In the ongoing battle that has lasted for months between the Gargnano Municipality and boat owners seeking dock spaces in the ports, the result has shifted.

In mid-June, the Brescia Administrative Tribunal (Tar di Brescia) had accepted the appeal of four residents of Gargnano against the allocation of slips in the Gargnano port. Now, the Council of State (Consiglio di Stato) has overturned that ruling, ruling in favor of the Municipal Administration.

This might be a definitive outcome. The news is confirmed by the mayor, Marcello Festa: «The Council of State – he explains – has essentially confirmed the correctness of our procedures.

When we assigned the slips, we did so through a public and proper procedure, in compliance with regional law: a measure we do not fully agree with, but which we nonetheless respected.

In the allocation – he adds – we considered both reservations and priorities: fishermen, professional operators, rental companies, disabled persons, rescue vehicles, and so forth. The draw then assigned the boat slips».

Requests for public ports in Garda

There are three public ports in the Garda area. For the Gargnano port (28 slips), 57 applications were submitted; for the Villa port (29 slips), 43 applications; and for the Bogliaco port (58 slips), 88 applications.

In total, therefore, 190 requests, of which only 120 could be accepted. Naturally, some applicants were excluded. «With the Council of State ruling – continues the mayor – everything starts again from the beginning, that is, from the initial draw, which had been suspended by the Brescia Administrative Tribunal (Tar di Brescia). It should be clarified that this measure specifically addressed only the outcomes for Gargnano port, since those of Villa and Bogliaco were not affected by the suspension, as erroneously claimed by some».

Now, in Gargnano, a notice has been posted inviting boat owners to vacate the port by August 6th: this way, those assigned slips through the draw will be able to take possession.

However, the dispute might just be beginning. Moreover, some of those who lose their allocated slips could turn to the courts to seek compensation for damages. The Municipality itself – as the mayor reports – has had to incur legal expenses exceeding 10 million euros during this process.

Since the allocation of boat slips, the net revenue for the Gargnano Municipality remains quite modest: less than 20 million euros annually, to be reinvested in improving the functionality of the three public ports.