Thousands of Italian beach establishments are moving from automatic extensions to public tenders. Here, clearly and accurately, is what the reform requires, the dates that matter, how a tender works (criteria, length, buy-out) and how to arrive prepared — for operators already on the coast and for international investors entering the market.
Last updated: July 2026 · This is a fast-moving area of law — always check the official tender notice of the municipality you are interested in.
EU Directive 2006/123/EC — the Services Directive, known in Italy as the Bolkestein Directive after the Commissioner who proposed it — states that where a natural resource is limited, as beaches are, the related concessions cannot be renewed automatically. They must be awarded through an open, transparent and non-discriminatory selection procedure. In practice: Italy's maritime state-property concessions — the beach establishments (stabilimenti balneari) — must go to public tender.
For years Italy relied on rolling extensions, until the EU Court of Justice (the Promoimpresa ruling of 2016 and the ruling of 20 April 2023, case C-348/22 "Comune di Ginosa") and the Council of State (Italy's supreme administrative court) closed the loop: automatic extensions are incompatible with EU law. Hence the duty to hold tenders within fixed deadlines.
How many concessions are affected? It depends on the scope: roughly 7,000–7,500 beach establishments in the strict sense, rising above 27,000 if you count every tourism-and-leisure concession (serviced beaches, kiosks and the like).
The core rule is Article 4 of Law 118/2022 (the annual competition law), later amended by Decree-Law 131/2024 (the "anti-infringement" decree, converted into Law 166/2024), which set the extension to 30 September 2027 and the guiding criteria for tenders. In 2026 came Decree-Law 32/2026 (published in the Official Gazette on 11 March 2026, converted into Law 71/2026), which called for the adoption of a national model tender notice to standardise procedures. ("Decree-Law", Decreto-Legge/DL, is emergency primary legislation that Parliament must convert into a "Law", Legge/L, within 60 days.)
Beware a common misconception: by mid-2026 the national model tender notice is not yet in force. Decree-Law 32/2026 does not contain the model itself — it instructs the Ministry of Infrastructure to submit a draft to the Unified Conference (the standing forum of State, Regions and municipalities). For now there are the Ministry's illustrative guidelines, not a binding final text.
What this means in practice: municipalities that proceed do so with their own notices, and criteria and weightings can vary from town to town. That is exactly why monitoring each tender, municipality by municipality, is decisive.
Concessions are awarded on the most economically advantageous tender (MEAT) — the same best-value logic used across EU public procurement. In real 2026 notices the balance leans heavily towards quality:
Within the technical offer the recurring criteria are: the upgrade and investment plan, service quality and inclusion (accessibility for people with disabilities, for families), sustainability and energy efficiency, and employment levels (including taking on the outgoing staff). A point often underestimated: prior experience carries little weight (few points), precisely so as not to favour whoever is already in place.
Length: new concessions run from 5 to 20 years, set according to the time needed to recover the investments in the business plan.
Whoever loses a concession is entitled to a buy-out (indennizzo) — but, importantly, it is paid by the incoming concessionaire, not by the municipality. The incomer must pay at least 20% of it before starting operations.
The buy-out covers two items: the value of investments made and not yet depreciated (net of depreciation and public grants) and a fair return on the investments of the last 5 years. The amount is set by a sworn appraisal obtained by the municipality before the notice is published.
The paperwork varies by municipality, but you will generally need:
BeachStake tracks the notices municipality by municipality: status, deadlines, criteria and an alert the moment a tender opens.
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See pricingEU Directive 2006/123/EC bars the automatic renewal of concessions when the resource is scarce: Italy's maritime state-property concessions (the beach establishments) must therefore be awarded through an open, transparent tender rather than rolled over automatically to the incumbent operator.
Existing concessions are extended by law until 30 September 2027 (a technical slippage is possible, no later than 31 March 2028). Municipalities must launch tenders at least 6 months before a title expires and, on first application, by 30 June 2027. The proposed extension to 2030 for Calabria, Sicily and Sardinia was rejected by the Senate (April 2026): the 2027 deadlines apply there too.
Not yet in force. Decree-Law 32/2026 instructed the Ministry of Infrastructure to submit a draft model tender notice to the Unified Conference, but by mid-2026 no binding model had been adopted: municipalities proceed with their own notices, and criteria can vary.
Yes, the incumbent can bid like anyone else, but has no right of first refusal. In real tenders prior experience carries little weight, precisely so as not to favour incumbents and to respect EU competition principles.
On the most economically advantageous tender (MEAT): in 2026 notices the technical offer weighs around 90% and the financial offer around 10%. What counts most is the management and investment plan, service quality and accessibility, environmental sustainability and employment. The exact points split is set by each municipality.
From 5 to 20 years: the term is set to match the time needed to recover the investments in the business plan, within the statutory cap.
The incoming concessionaire pays it (not the municipality), at no less than 20% before starting operations. It covers investments not yet depreciated plus a fair return on those of the last 5 years, based on a sworn appraisal. The detailed decree on the calculation method is still being finalised.
An application, self-declarations that no grounds for exclusion apply (the ESPD), a company registry extract, a social-security clearance (DURC), bank references, a technical report and management plan, a sworn business plan, a provisional guarantee and the financial offer. The exact templates are in each municipality's notice.
Main sources: Law 118/2022 and Decree-Law 131/2024 (converted by Law 166/2024); Decree-Law 32/2026 (converted by Law 71/2026); EU Court of Justice cases C-348/22 and C-598/22; Council of State opinion 750/2025; municipal tender notices and trade press. Informational content — it does not replace the official tender notice or legal advice.