A22 Brenner motorway, tender proceeds without right of first refusal

TRIESTE – The government is moving ahead with the tender for the A22 Brenner-Modena concession without granting a right of first refusal to the current operator.

Today the Ministry of Infrastructure and Transport confirmed that the procedure launched on 31 December 2024 will continue, but without the mechanism that allowed the proposer (Autostrada del Brennero Spa) to match any competing bids. The decision follows the Court of Justice of the European Union ruling of 5 February 2026 (C-810/24), which found that right incompatible with the principles of competition and equal treatment laid down by EU rules on concessions.

According to the Ministry, the commission admitted an adequate number of candidates, ensuring effective competition. The proposed economic and financial plan has been submitted to CIPESS and will form the basis for the final bids. The stated objective is to conclude the procedure by the end of 2026 with the identification of the new concessionaire.
The scope of investment remains unchanged, at more than €7.5 billion. The plan includes construction of the third lane, dynamic lanes and measures linked to environmental sustainability along the 313-kilometre route between Brenner and Modena.

The removal of the right of first refusal marks a significant shift from the original project financing structure promoted by Autostrada del Brennero Spa. The mechanism, initially envisaged, had already drawn criticism at European level and had led to a revision of the procedure. On the political and territorial level, reactions have not been lacking. Arno Kompatscher, president of the Autonomous Province of Bolzano and of the Trentino-Alto Adige Region, said that the public shareholders will assert their positions in the tender. At local level, concern remains that, without a right of first refusal, control of the concession could pass to foreign operators.
At present there are no updated official statements from Autostrada del Brennero Spa. In previous weeks, the public shareholders had already taken note of the European ruling, pending the Ministry’s decisions.