Izvorni znanstveni članak
https://doi.org/10.21857/y54jofp20m
THE ISSUE OF VALORISATION OF LEGITIMATE INVESTMENTS IN NAUTICAL TOURISM PORTS IN THE REPUBLIC OF CROATIA
Iva Tuhtan Grgić
orcid.org/0000-0003-2155-3459
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Božena Bulum
orcid.org/0000-0003-4606-9815
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
With the construction of a nautical tourism port in the Republic of Croatia its concessionaire,
except the right to economically exploit the port he built, in accordance with the
decision and contract on concession, has no other rights on the port and objects he built.
Everything incorporated, later added or in any way permanently attached to maritime
domain will remain its part, consequently its value will be increased. The aim of this paper
is to determine in which cases the concessionaire who invested in maritime domain in
the Republic of Croatia, and in that way increased its value has right to compensation for
the investments he made. Although Maritime Domain and Seaports Act (MDSA) and
Concession Act (CA) prescribe a whole series of reasons for termination of concession,
the paper analyses exclusively the issue of valorisation of investments in case of its termination
by expiration of time on which it is granted. Special attention will be devoted to
issues of extension of concession (including its automatic renewal) right to priority concession,
financial compensation which will be assigned by application of institute of gains
without legal foundation, compensation of necessary and useful expenses which were not
foreseen in the documentation on concession, as possible forms of reimbursement of that
what the concessionaire has invested and what exceeds the amounts of resources anticipated
with the decision and contract on concession. In relation to that matter, the issue of
applicable national legal rules is particularly analysed, respectively the relation between
CA and MDSA. We also investigate the influence of rules of the European Union on
award of concession contracts and services in the internal market, respectively Directive
2014/23/EU and Directive 2006/123/EC on the interpretation and application of national
rules. Judicial practice of the Court of Justice of the European Union which refers to
interpretation of the relevant provisions of these Directives is analysed. Further, it is pointed
to some solutions and doubts that emerged in comparative laws in relation to issues
of awarding and extension of concession. Finally, solutions with respect to possibilities of
valorization of the concessionaire’s investment in nautical tourism ports in the Republic
of Croatia de lege ferenda are submitted.
Ključne riječi
maritime domain; nautical tourism ports; extension of concession; priority concession; gains without legal foundation; Concession Act; Maritime Domain and Seaports Act; Directive 2014/23/EU on the award of concession contracts and Directive 2006/123/EC on services in the internal market
Hrčak ID:
195422
URI
Datum izdavanja:
28.2.2018.
Posjeta: 1.672 *