Italy to the EU Court of Justice because of breach of EU motorway law

Italy to the EU Court of Justice because of breach of EU motorway law

  • The EU Commission has decided to take Italy to the EU Court of Justice on the grounds of the breaching of EU law due to its awarding an extension of a motorway concession contract without a prior call for tenders.
  • The Società Autostrada Tirrenica p.A. (SAT S.p.A) company was first granted concession in 1969, it has since then been extended twice without any competitive tendering procedure.
  • However, according to EU law, a new concession can only be awarded after a competitive tendering procedure except in special cases regulated by EU law.
  • As a time extension is equivalent to a new concession, the extension of the expiry date of a motorway concession contract without a prior call for tenders therefore meant Italy failed to fulfil its obligations under EU public procurement rules.