MEP Ignazio Roberto Marino (Verts/ALE) has raised concerns about the tender procedure for a waste-to-energy plant in Rome, asking the European Commission whether the inclusion of a pre-emption right may have distorted competition in breach of EU law. The question, submitted on 15 April 2026, follows a recent Court of Justice ruling that such pre-emption rights are incompatible with the EU Concessions Directive.
Marino's parliamentary question targets the Municipality of Rome's tender launched on 16 November 2023 for a concession to build a plant with a capacity of 600,000 tonnes of waste per year. The procedure used project financing under Italian law, which allowed the promoter a pre-emption right. However, in its judgment of 5 February 2026 (Case C-810/24), the CJEU ruled that Article 3(1) of Directive 2014/23/EU precludes Member States from granting such a right.
Concrete asks and policy direction The MEP asks the Commission to confirm how many economic operators participated and whether the concession was awarded to the promoter. He also questions whether the pre-emption right may have discouraged other bidders, potentially violating EU principles of non-discrimination and equal treatment. The question reflects a push for stricter enforcement of EU procurement rules and transparency in large infrastructure projects.
Expected follow-up The Commission is expected to respond within approximately six weeks. Its answer will signal whether it views the Rome tender as compliant with EU law or whether further action—such as infringement proceedings—may be warranted. The outcome could affect similar project financing procedures across Member States.
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