Judgment_paragraph 32 · Presidente del Consiglio dei Ministri v Regione Emilia-Romagna (C-653/24)

32Lastly, the judgment of 14 July 2016, Promoimpresa and Others (C‑458/14 and C‑67/15, EU:C:2016:558), relied on by the Italian Government, is not capable of calling into question the foregoing conclusions. In that judgment, the Court did not hold that Directive 2006/123 applies to all concessions relating to an authorisation to exercise an economic activity on State-owned land. On the contrary, it is apparent from that judgment that the application of that directive depends, inter alia, on whether the activity carried out by means of the use of State-owned land can be classified as a ‘service’ within the meaning of Article 4(1) of that directive. The cases which gave rise to that judgment concerned a concession for the use of State-owned land for tourist and leisure-oriented purposes and therefore an economic activity which could be classified as a ‘service’. By contrast, the subject matter of the concessions covered by the national legislation at issue in the main proceedings concerns the generation of electricity and therefore the production of a good, by means of diverted public water.

Presidente del Consiglio dei Ministri v Regione Emilia-Romagna (C-653/24)

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