The tender procedure for the Italian A22 motorway concession was reopened by the Ministry of Transport on 28 November 2025, with a new deadline set for 3 December at noon. According to the decree signed by director general Sergio Moschetti, the decision follows a five-month suspension and comes in the absence of clear indications from the European Court of Justice on the compatibility of the right of pre-emption included in the tender. The ministry argues that the urgency to move beyond the extension regime introduced in 2014 makes it necessary to proceed without further delays. The notice was published late on Friday 28 November 2025, giving operators only a few effective days to submit their applications.
The reopening triggered immediate reactions from consumer associations and opposition parties, who consider the available time insufficient to prepare the technical and financial documentation required for a contract with an estimated total value of €31.115 billion. Codacons described the timing as a de facto barrier to new entrants, while the Movimento Cinque Stelle argues that the tender favours the current concessionaire. The ministry replies that the tender remained published for six months, plus five months of suspension, giving operators a total of eleven months to assess their participation.
The 314-kilometre Brenner–Modena motorway corridor remains one of the most important logistics routes on the north–south European axis. The original concession expired on 30 April 2014 and management has since been extended in favour of Autostrada del Brennero, a company under local public control. The European Commission has repeatedly raised concerns about the duration of the extension and the use of project financing with a right of pre-emption for the promoter. According to communications sent to the Italian government between 2019 and 2025, the Commission considers the mechanism likely to discourage participation and reduce the competitive procedure to a formal exercise.
The tender was first published on 31 December 2024 with a deadline of 28 February 2025. Three extensions followed, up to the suspension of 27 June 2025, justified by the pending ruling in case C-810/2024, launched by the Council of State to clarify whether the right of pre-emption complies with EU principles on competition, transparency and freedom of establishment. Meanwhile, on 22 May 2025 the Directorate-General for the Internal Market expressed strong doubts about the structure of the tender. On 8 October 2025 the Commission issued a new complementary letter of formal notice, reiterating the need to revise national project-financing rules for motorway concessions.
At the time of the reopening, no appeals were pending, following withdrawals by Autostrade per l’Italia, Adusbef and other parties. The presidents of the autonomous provinces of Trento and Bolzano, Maurizio Fugatti and Arno Kompatscher, welcomed the ministry’s decision, arguing that the specific regulatory framework of the A22 ensures adequate levels of transparency. Both believe the procedure can move forward without further obstacles, while acknowledging that the European Union may still decide to pursue the ongoing infringement procedure.
Still on the table is the project financing proposal submitted by Autostrada del Brennero, which envisages investments between €9.2 and €10.267 billion to transform the motorway into a green corridor. According to the company, the plan focuses on intermodality, ecological transition and digitalisation. Key elements include the development of green hydrogen with five production and refuelling centres, the expansion of photovoltaic generation, upgrades to service infrastructure and stronger logistics links to the rail network. The company, which posted revenues of €405.5 million and a net profit of €97.92 million in 2024, highlights the plan’s alignment with targets to reduce heavy road traffic along the Brenner axis.
The debate over the tender is closely linked to construction of the Campogalliano–Sassuolo link road, a €670 million project managed by AutoCs. Construction is progressing and expropriation procedures must be completed by mid-January 2026. The company’s president, Emilio Sabattini, stresses the project’s economic autonomy, although some analysts argue that its financial sustainability will also depend on the stability of the future A22 concession, given that Autostrada del Brennero holds a 51 per cent stake in the company.
The new tender phase requires participants to meet significant financial criteria, including a minimum annual turnover of €1 billion and a €205 million guarantee, calculated as 2 per cent of the planned investments. The contract will be awarded to the economically most advantageous offer, with economic and financial criteria outweighing technical ones. The key issue remains the right of pre-emption, which would allow the promoter to match a superior competing offer, subject to the European Commission’s assessment of its compatibility.
The 3 December deadline marks a decisive stage for awarding the fifty-year concession. Participation levels and subsequent bid evaluations will shape the operational landscape in the months ahead. Meanwhile, the European Commission’s concerns and the pending case before the Court of Justice may influence both the legal architecture of the procedure and, more broadly, the model for awarding motorway concessions in Italy.
In relation to the news, the Ministry of Transport has released the following statement: “With regard to the reopening of the tender for the award of the A22, the Ministry of Infrastructure and Transport clarifies that the call, with a new deadline set for 3 December 2025, was available for a total publication period of six months, in addition to the five months of suspension between 27 June and 30 November 2025. It was therefore not 48 hours, as reported by some newspapers. This timeframe ensures full transparency and maximum visibility for operators. It is also specified that the 3 December deadline concerns only the first phase of the restricted procedure, in which applicants are required to submit only a request to participate, accompanied by the statements and documentation relating to the general requirements, professional suitability, economic and financial capacity and technical and professional capability outlined in paragraph III.1 of the call. The submission of a technical or financial offer is not required at this stage, contrary to what was incorrectly reported by some media. The Ministry confirms the full regularity of the procedure and the correctness of the timeline adopted.”
Pietro Rossoni
