EU-UK Spotlight: Renewables, trade, and the global supply chain
The Ministry had denied authorization for the safety works on the grounds of an alleged lack of financial coverage, attributable to the failure to update the Economic and Financial Plan (Piano Economico Finanziario - PEF) and the related motorway tariffs. The Council of State rejected the Ministry’s position, holding that the absence of financial resources was solely attributable to the Grantor. The Court also took into account the unconstitutionality of the repeated extensions of the deadline for the completion of the review procedures of motorway PEFs, as established by Constitutional Court judgment no. 147/2025.
On the basis of that ruling, the Council of State further held that the latest extension - introduced by Article 8 of Decree Law no. 215/2023, extending the deadline to 31 December 2024 - should also be disapplied, notwithstanding that it had not been specifically declared unconstitutional.
Hogan Lovells advised SALT with a team led by partner Luca R. Perfetti and including senior associate Marina Roma.