The Commission is targeting project finance and the right of first refusal: “Principles of transparency and competition violated”. The Government now has two months to respond
Brussels – On October 8, 2025, the European Commission sent a new letter of formal notice to Foreign Minister Antonio Tajani — the third “complementary” one — concerning the Italian regulations on the renewal of concessions and the rules on public procurement. Although the formal sending took place through the Ministry of Foreign Affairs, the substantive recipient is the Ministry of Infrastructure, led by Matteo Salvini.
At the heart of the dispute are, in particular, the rules applied to project finance and the recent procedures for the renewal of the A22 and A4 motorways, with reference to the right of first refusal for the promoter and the hypothesis of a direct award of the Brescia-Padova section to Cav, never formally denied.
According to Brussels, the updated version of the Public Procurement Code, approved in Italy in April 2023, while incorporating some European observations through a subsequent corrective decree, does not guarantee full compliance with Community law. The Commission criticizes in particular the excessive discretion left to the public administration and the lack of procedural guarantees in project finance, deemed incompatible with the principles of transparency, equal treatment and non-discrimination.
A part of the letter is dedicated to the right of first refusal granted to the promoter, which according to the EU violates Articles 3 and 30 of the /EU directive, precluding effective competition.
In the 19-page letter, the Commission lists the provisions of the Italian code that are non-compliant with European law and invites the Government to send its observations within two months. Otherwise, or if the responses are not deemed satisfactory, the next stage of the infringement procedure could be initiated, with the issuance of a reasoned opinion and, if necessary, referral to the Court of Justice of the EU, which could result in sanctions.
Beyond the possible legal consequences, the letter already represents a relevant tool for Italian and foreign economic operators intending to challenge concession renewals not preceded by public tenders, recalling the European principle that the competitive procedure is the central instrument for the award of concessions and contracts.
