Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services

In the last decade, services in nautical tourism in the Republic of Croatia have been provided not only in marinas and other facilities intended for nautical tourism by the relevant domestic regulations, but also in other types of ports, such as public ports and sports club ports. Although marinas a...

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Main Authors: Božena Bulum, Marija Pijaca, Željka Primorac
Format: Article
Language:English
Published: University of Warsaw 2021-12-01
Series:Yearbook of Antitrust and Regulatory Studies
Subjects:
Online Access:https://yars.wz.uw.edu.pl/images/yars2021_14_24/YARS_1424_7Bulum_i_in.pdf
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author Božena Bulum
Marija Pijaca
Željka Primorac
author_facet Božena Bulum
Marija Pijaca
Željka Primorac
author_sort Božena Bulum
collection DOAJ
description In the last decade, services in nautical tourism in the Republic of Croatia have been provided not only in marinas and other facilities intended for nautical tourism by the relevant domestic regulations, but also in other types of ports, such as public ports and sports club ports. Although marinas and public ports provide the same services i.e., berthing services for nautical tourism vessels, different corporate tax regimes apply to these two types of seaports. The first part of the paper gives an overview of the legal rules regulating seaports in Croatia. Subsequently, the competitive positions of marinas and public ports on the market of nautical tourism services in Croatia are examined. In this context, the case law of the Court of Justice of the EU on undertakings and State aids in the form of corporate tax advantages granted to port authorities is outlined. In addition, past enforcement of competition rules in the Croatian nautical tourism sector is analysed. Finally, de lege ferenda proposals are submitted, which might, in the author’s view, contribute to the creation of a level playing field for port operators providing nautical tourism services in Croatia.
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spelling doaj.art-247bc1a458f14178a4b033d5006464442022-12-22T04:21:21ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152021-12-01142411713810.7172/1689-9024.YARS.2021.14.24.5Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism ServicesBožena Bulum0https://orcid.org/0000-0003-4606-9815Marija Pijaca1https://orcid.org/0000-0002-0709-376XŽeljka Primorac2https://orcid.org/0000-0002-9880-0369Adriatic Institute of the Croatian Academy of Sciences and ArtsMaritime Department, University of ZadarFaculty of Law, University of SplitIn the last decade, services in nautical tourism in the Republic of Croatia have been provided not only in marinas and other facilities intended for nautical tourism by the relevant domestic regulations, but also in other types of ports, such as public ports and sports club ports. Although marinas and public ports provide the same services i.e., berthing services for nautical tourism vessels, different corporate tax regimes apply to these two types of seaports. The first part of the paper gives an overview of the legal rules regulating seaports in Croatia. Subsequently, the competitive positions of marinas and public ports on the market of nautical tourism services in Croatia are examined. In this context, the case law of the Court of Justice of the EU on undertakings and State aids in the form of corporate tax advantages granted to port authorities is outlined. In addition, past enforcement of competition rules in the Croatian nautical tourism sector is analysed. Finally, de lege ferenda proposals are submitted, which might, in the author’s view, contribute to the creation of a level playing field for port operators providing nautical tourism services in Croatia.https://yars.wz.uw.edu.pl/images/yars2021_14_24/YARS_1424_7Bulum_i_in.pdfcompetitionnautical tourism sectorports open for public trafficfacilities intended for nautical tourismmarinas cartelscorporate tax exemptioncroatia
spellingShingle Božena Bulum
Marija Pijaca
Željka Primorac
Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services
Yearbook of Antitrust and Regulatory Studies
competition
nautical tourism sector
ports open for public traffic
facilities intended for nautical tourism
marinas cartels
corporate tax exemption
croatia
title Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services
title_full Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services
title_fullStr Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services
title_full_unstemmed Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services
title_short Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services
title_sort competition issues in the croatian seaport sector regarding the provision of nautical tourism services
topic competition
nautical tourism sector
ports open for public traffic
facilities intended for nautical tourism
marinas cartels
corporate tax exemption
croatia
url https://yars.wz.uw.edu.pl/images/yars2021_14_24/YARS_1424_7Bulum_i_in.pdf
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