Las modificaciones sustanciales de las concesiones de dominio público portuario en la STS de 10 de diciembre de 2020

The purpose of this work is to comment on a recent ruling of the Supreme Court regarding the modification of a public domain concession. The established doctrine puts an end to a debate on how the treatment of waste can be considered for the purposes of the use of the public domain and the determination of whether or not its regime can be included in the scope of the services that enable or favor the general concession of the auxiliary services of the ports. In the present case, the waste collection services are clearly located in the context of services of this nature and, therefore, capable of being incorporated into the concession that allowed the use of the public port domain without the need for a new and specific concession.