Sommario:
1. Premessa.
2. Brevi cenni sull’evoluzione normativa in materia di servizi idrici.
3. L’influenza dei principi di diritto dell’Unione europea.
4. Il referendum sull’“Acqua”.
5. I ricorsi dinnanzi al Tar.
6. La pronuncia del Consiglio di Stato.
6.1 I limiti del referendum.
6.2 La ripubblicizzazione del settore idrico.
6.3 Il paradosso dell’indebitamento.
7. Considerazioni conclusive.
Abstract:
The Italian Council of State, by decision no. 2481 of May 26, 2017, declared
the legitimacy of the resolution by which the Italian Authority for electricity, gas,
water service (Aeegsi) determined the “Temporary price-related method” for the
determination of tariffs for water services in the years 2012 and 2013. In particular,
the recurrent associations considered that the tariff coverage concerning the costs
related to the capital invested by the companies supplying the services coincided with
the “capital invested remuneration” eliminated by art. 154 of Legislative Decree
152/06 with the abrogative referendum of 11 and 12 June 2011. The Council
of State, confirming the first instance judgments of the T.a.r., clarifies that the tariff
regulations introduced by the Aeegsi excludes the guarantee of a secure remuneration
for inefficient managers and minimizes the burden on users. By contrast,, it allows
efficient companies, with a sound economic management, capable to keep their costs
under control, to make profit by recognizing financial costs, including those relating to
equity capital, determined on the basis of a standard efficiency value. Consequently,
the methodology adopted by the Aeegsi in resolution no. 585/2012 complies with the
Referendum and the European principle of the “full cost recovery” of water services.
The decision gives to the Author the opportunity to reflect on the theme of “Water”
with particular reference to the profile of its management.