Italian Council of State Shocks Industry: €15 Million Tunnel Contract Overturned in Landmark Ruling
Rome, Italy – December 4, 2025 – In a stunning development that’s sending ripples through Italy’s infrastructure and legal sectors, the Council of State today overturned the award of a major tunnel maintenance contract worth over €15 million. The decision, detailed in sentence no. 9510/2025, favors MFR Segnaletica srl after a protracted legal battle with Infravie srl, Cicas srl, and Autostrade per l’Italia spa. This is a breaking news story with significant implications for how public tenders are evaluated, particularly concerning labor cost calculations and adherence to legal specifications. For those following Google News and SEO trends, this case highlights the importance of meticulous documentation in competitive bidding.
The Dispute: A Matter of Collective Bargaining Agreements
The controversy stems from a tender announced in May 2024 by Autostrade per l’Italia spa (ASPI), Italy’s leading motorway operator, for the maintenance of horizontal and abutments of tunnels on the ASPI network, specifically Lot 6 – the Pescara section of the DT7 Directorate. Infravie – Cicas were initially awarded the contract, but MFR Segnaletica, who placed second, immediately challenged the decision. Their core argument? Infravie-Cicas allegedly based their labor cost calculations on the metalworkers’ national collective labor agreement (CCNL) instead of the construction CCNL, which was expected for this type of project. MFR also questioned the clarity of their general expense calculations.
Lower Court Ruling & The Council of State’s Intervention
The Lazio TAR (Regional Administrative Tribunal) initially sided with Infravie-Cicas, dismissing MFR’s appeal. The TAR argued that the choice of CCNL wasn’t a fatal flaw and that the omission of safety expenses, not general expenses, would have been grounds for disqualification. However, MFR persisted, appealing to the Council of State – Italy’s highest administrative court.
Today, the Council of State sided with MFR Segnaletica, finding that Infravie-Cicas’s offer lacked a crucial declaration of equivalence between the different collective bargaining agreements cited. This omission, the Council ruled, created ambiguity and violated the principles of clarity and equal treatment for all bidders. The court emphasized that the chosen CCNL is a fundamental element of any bid, directly impacting the overall cost of the contract. This isn’t just a technicality; it’s about ensuring a level playing field and transparent pricing in public procurement.
What This Means for the Future of Italian Public Contracts
The Council of State’s decision isn’t just a win for MFR Segnaletica; it’s a wake-up call for companies participating in Italian public tenders. It underscores the critical importance of meticulous documentation, precise adherence to tender specifications, and clear articulation of all cost calculations. The ruling reinforces the principle that ambiguity in bids can be grounds for disqualification, even if the overall price is competitive.
Furthermore, this case highlights the growing scrutiny of labor cost calculations in infrastructure projects. Choosing the correct CCNL isn’t merely a procedural detail; it has significant financial implications. Companies need to ensure they fully understand the requirements of each tender and accurately reflect their labor costs accordingly. For those involved in SEO for infrastructure companies, optimizing content around keywords like “public tenders Italy,” “infrastructure contracts,” and specific CCNL terms will be increasingly important.
The Council of State has now effectively cancelled the original award and declared any subsequent framework agreements based on it invalid. MFR Segnaletica is now eligible to be awarded the contract, pending verification of their qualifications. Legal costs for both levels of the appeal will be borne by Infravie, Cicas, and Autostrade per l’Italia.
This landmark ruling serves as a potent reminder that in the world of public procurement, precision, transparency, and adherence to the law are paramount. It’s a case study in how seemingly minor details can have major consequences, and a valuable lesson for all stakeholders involved in Italy’s vital infrastructure projects. Stay tuned to archyde.com for further updates on this developing story and in-depth analysis of its long-term impact.
