Sport Ports – Entitlement to Perform Commercial Berthing Services : [case review]

Sa？etak The plaintiff as authorised concessionary has concluded the Concession contract for the use of maritime domain with the purpose of use of a sport port. By the administrative inspection regarding the implementation of the Maritime Domain and Seaports Act, it was established that the concessionary did not adhere to the concession contract, since he used the subject port for the berthing against payment of foreign vessels owned by nonmembers of the association rather than of vessels entered into Croatian registry. Thereby he breached the provision of Art. 10 of the Regulation on the classification of ports open for public traffic and ports of special purposes, stipulating that a sport port serves for the berth of the vessels entered into Croatian registry of sport and pleasure craft, which are the property of members of the association or the association in possession of marina concession itself