The long-standing and contentious legal battle over the tender for the design and construction of Genoa's new breakwater is far from over, despite the Council of State’s decision affirming the award of the contract to the PerGenova Breakwater consortium. This consortium is composed of Webuild, Fincantieri Infrastructure, Fincosit, and Sidra. The European Public Prosecutor's Office has also launched an investigation into possible bid-rigging, given that the project is co-financed by EU funds. The investigation is being led by prosecutors Stefano Castellani and Adriano Scudieri, who have obtained a phone intercept between former Liguria President Giovanni Toti and businessman Aldo Spinelli.
According to media reports, in their conversation, Toti allegedly told Spinelli that he believed the contract would be awarded to Salini-Fincantieri (Salini being the previous name of Webuild). This conversation reportedly took place on September 21, 2021, while the tender was officially awarded in October 2022. Following this intercept, the two prosecutors tasked the Guardia di Finanza with conducting further investigative activities.
It is worth noting that Toti and Spinelli are among the key suspects in a corruption investigation that led to their house arrest in May, along with former President of the Western Ligurian Sea Port Authority, Paolo Emilio Signorini. Their trial is scheduled to begin in November 2024.
The Italian judicial saga began with an appeal filed by the Eteria consortium—comprised of Gavio, Caltagirone, Acciona, and Rcm Costruzioni—at the Liguria Regional Administrative Court (TAR). Eteria had participated in the second tender for the breakwater (the first had no bidders) and lost. In May 2023, the administrative judges sided with Eteria, annulling the award to PerGenova Breakwater, citing the illegality of the tender process.
However, this ruling did not halt the ongoing work, as it is a project funded by Italy's National Recovery and Resilience Plan (PNRR). According to Article 125 of the Administrative Process Code, the annulment of the tender does not affect the validity of the contract already signed, meaning the ruling would only serve as a basis for potential compensation. The Ministry of Transport, the Presidency of the Council, the Ministry of Economy, and the special commissioners of the Port Authority appealed this decision to the Council of State, which subsequently upheld the legitimacy of the award to PerGenova Breakwater.
Meanwhile, the European Public Prosecutor's Office also opened a case for bid-rigging, justified by the EU’s financial involvement through PNRR funds. The European Public Prosecutor’s Office’s scope of action is defined by EU Directive 2017/1371, which mandates the office to investigate, prosecute, and bring to trial those responsible for crimes affecting the financial interests of the European Union. This office operates independently from national authorities and EU institutions.
