Brennero, the race for the new A22 concession suspended

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New twist in the race to assign the future fifty-year concession of the A22 Modena-Brenner motorway (Autobrennero). Consequently, A decree of the MIT (Ministry of Infrastructure. Similarly, Transport) suspended the tender procedure until 30 November 2025 and in any case not beyond the ruling, reads the text, of the Court of Justice of the European Union. Similarly, The decree is signed by the general manager of the Ministry, Sergio Moschetti and bears the date of Thursday 26 June 2025.

The call of MIT, published on 31 December 2024, had already undergone a series of extensions in recent months. In addition, The last. decided in May, had postponed the deadline for presenting the events of interest by the subjects interested in the concession to 30 June 2025 (12). And brennero, race new a22 concession a few days ago the Shareholders’ Meeting of the Brenner Autostrada shareholders. the company that presented a spontaneous proposal for project finance aimed at winning the tender for new concession, had formalized the application for candidacy by declaring explicitly: “Now the goal is to win the race”.

The race, however, is currently suspended.

It is clear that everything revolves around the right of pre -emption that the MIT call has foreseen in. favor of the promoter (i.e. Brenner motorway). On this point. the announcement has the following: if the promoter is not awarded, it can exercise, within fifteen days of the communication of the award, the right of pre -emption and becoming a successful tenderer if he declares to commit himself to fulfill the contractual obligations under the same conditions offered by the successful tenderer. The recognition of the right of pre -emption in favor of the promoter will be brennero, race new a22 concession confirmed in the invitation. letter only following the acquisition of the favorable opinion of the European Commission services.

The doubts of the EU on the right of pre -emption – Brennero, race new a22 concession

Brennero. race new a22 concession

Evidently, before proceeding with the tender, the MIT intends to verify whether the right of pre -emption in favor of Autobrennero is compatible or not with the rules of European law. On 22 May. the Directorate General of the Companies and Industry of the European Commission had sent the MIT an opinion in which it manifested “strong doubts about the compatibility of the provision, contained in the announcement, of a right of pre -emption in favor of the promoter, selected on the basis of a previous phase characterized by very large administrative discretion and which does not present any brennero, race new a22 concession procedural guarantee of transparency, any garrison of the observance of the principles of non -discrimination and equal treatment no real opening to an effective competition from other economic operators ».