Newsalert | Energy & Infrastructure; European Law & Antitrust; Public Law, Regulatory & Authorities 06/02/2026

On 5 February 2026, the Court of Justice of the European Union delivered its judgement in Case 810/24, stating that the pre-emption right granted to promoters in project financing procedures under Article 183, paragraph 15 of the Italian Legislative Decree 18 April 2016, no. 50 violates EU Law. 
This ruling raises important questions for Italian public-private partnership (PPP) and concession environment, particularly considering the similar concerns expressed by the European Commission in its letter of formal notice dated 8 October 2025 (Infringement Procedure INFR(2018)2273). 

In the latest newsalert, Chiomenti Professionals provided an overview of the factual background of the case and the Court's key findings.