The saga of the concession for Italy’s A22 motorway, which connects to the Brenner Pass and expired on 30 April 2014, shows no sign of resolution. The year 2025 was expected to mark the long-awaited renewal, but the transport ministry has halted the procedure to award the management of the infrastructure for the next fifty years. The suspension will remain in effect until 30 November 2025, pending a definitive ruling by the European Court of Justice on the ongoing dispute over the tender.
At the heart of the legal battle lies the right of first refusal granted to the current operator, Autostrada del Brennero Spa, as outlined in the call for tenders. This clause would allow the company, should it fail to win the tender, to match the winning offer within fifteen days of the award notification, thereby securing the concession under the same terms. However, the European Commission has expressed serious doubts regarding the compatibility of such a mechanism with EU law.
On 22 May 2025, the Commission's Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs had already voiced “serious doubts” about the right of first refusal, arguing that the process of selecting a promoter did not ensure procedural transparency, nor did it safeguard principles of non-discrimination, equal treatment or real market competition. The Commission further stated that “the concession award procedure based on project financing, which includes a right of first refusal for the outgoing operator, raises serious concerns about its compatibility with EU law”.
In addition to the Commission's concerns, the procedure has also faced resistance within Italy. In February 2025, both Autostrade per l’Italia and the consumer association Adusbef filed appeals before the Lazio regional administrative court. The Italian association of motorway and tunnel concession companies (AISCAT) also expressed “deep concern” in a letter to the transport minister, highlighting several elements of the call for tenders which appeared “inconsistent with the regulatory framework introduced by the Transport Regulation Authority in 2019”.
The case has now reached the European Court of Justice, which is tasked with ruling on whether the right of first refusal is compatible with EU principles of competition. The proceedings, filed under case number C-810/24, will examine in particular the compatibility of the Italian right of first refusal with European principles of freedom of establishment, free provision of services, proportionality and good administration.
The call for the new concession was published on 31 December 2024, with the deadline for expressions of interest initially set for 28 February 2025. That deadline was first extended to 31 March, then to 31 May, and finally to 30 June 2025. Previous postponements were justified on technical grounds, including the need for clarification on eligibility requirements and time for the participating companies to approve their 2024 financial statements.
The A22 motorway concession expired on 30 April 2014 and has since been subject to continuous temporary extensions. The recent history of this key infrastructure began in 2010 with an initial tender for its management. Between 2010 and 2014, Autostrada del Brennero Spa, supported by the Trentino-Alto Adige region and the provinces of Trento and Bolzano, filed several appeals against the call, all of which were dismissed by the administrative court in Rome.
However, on 13 March 2014, the Council of State overturned the earlier ruling and upheld the appeals, annulling the tender. Since then, the concession has been extended through a series of temporary measures that have continued for over a decade. In November 2021, the Draghi government approved a law allowing project financing to be used for the renewal of motorway concessions, paving the way for the current procedure.
