(Finance) – After only four days of Anas management, the management of the Lazio and Abruzzo motorways A24 and A25, by decision of the Lazio TAR, returns to the hands of the Strada dei Parchi concessionaire, of the Abruzzese industrial group headed by the entrepreneur Carlo Toto. The Lazio TAR has, in fact, accepted the request for suspension presented by the company in response to the early revocation of the concession expiring in 2030, which was decided by the Council of Ministers at last Thursday’s meeting, in damage, ie due to breach of contract. The concessionaire did not challenge the decree law, as this is not the responsibility of the TAR, but the decree of the Ministry for Infrastructure and Sustainable Mobility (Mims) which was recalled in the decree approved by the CDM and which gave force to the same government measure.
In the single precautionary decree published yesterday, the Lazio TAR suspended the execution of the resolution of the Concession for the management of the A24 and A25 highways (Rome-L’Aquila-Gran Sasso-Teramo tunnel-with Torano-Pescara branch), as well as for the design and construction of the second carriageway in the Villa Vomano-Teramo section and the three-lane adaptation of the section of the A24 between the length barrier (Rome East) and Via Palmiro Togliatti, up to council chamber for the collegial treatment of the appeal, already set for 7 September 2022. At the basis of the TAR’s decision the danger that the private Spa and the Abruzzese industrial group (1,700 employees) that controls it, before the definition of the affair, could have serious economic problems so as to risk economic default . In the last four days, work was being carried out on the handover between Sdp and Anas, the latter appointed by the Government to take over the management of the two motorway arteries. The administrative judges decided with the formula of “periculum in mora”, in reference to the risk for the SDP itself and the Toto Group of having to dismiss employees entering into a phase of serious economic difficulties. In this regard, the TAR also mentions the compensation provided for in the contract in the event of early withdrawal, which according to SDP amounts to approximately 2.5 billion euros, but which is not on the agenda for the government.
In particular, Sdp contested, as stated in theordinance of the Tar, “the decree of the Directorate General for Roads and Motorways, the high surveillance of road infrastructures and the supervision of motorway concession contracts of the Ministry of Sustainable Infrastructures and Mobility n. 29 of June 14, 2022, approved with the – equally challenged – decree of the Minister of Sustainable Infrastructures and Mobility adopted, in agreement with the Minister of Economy and Finance, on 7 July 2022, to date not notified or otherwise communicated to the applicant Company and known by it only as mentioned in the ‘art. 2 of the decree law n. 85 of 2022 “.
The president of the fourth section of the Court, observed that in support of the request for a single precautionary measure, the company Strada dei Parchi attached “a risk of default of Strada dei Parchi, the prospect of dismissal of staff not requested by Anas, a danger of financial default of the entire group, as well as an prejudice to the public interest in road safety “, and found that the contested acts” in ordering the immediate termination of the concession relationship in existence, provide nothing in terms of intertemporal discipline of the relative effects “. For these reasons, pending the discussion in collegial proceedings of the precautionary request – writes the TAR -” the maintenance of the controversial res ad huc integra reveals full suitability: not only the preservation of the set of legally relevant positions belonging to the applicant; but also to the maintenance of current employment levels, which could otherwise be compromised “.
“We do not want to stay in Heaven in spite of the saints – said the vice president of SDP, Mauro Fabris – but we also don’t want to go to hell that we don’t deserve. We know that the state wants the infrastructure back for a restatization plan. We will not barricade, we are willing to find an agreement, but we ask that the integrity and reputation of the SDP be restored “.
“We are at the first act of a dangerous judicial dispute – commented by Brothers of Italy Abruzzo the group leader in the Regional Council, Guerino Testaand the regional secretary of the party, Etelwardo Sigismondi -. The fears expressed in the aftermath of the Government’s choice are unfortunately materializing. The decision of the Lazio TAR shows that we are facing the first act of a judicial tug-of-war that could create chaos and confusion, causing serious damage to users and citizens of the internal Abruzzo areas. This is an epochal bureaucratic mess that risks being unprecedented also in consideration of the fact that Anas had already begun to take possession of the motorway infrastructure. The choice of the Administrative Court highlights how much confusion and opacity there is around this situation. For our part, we reiterate the need to protect investments in infrastructure safety, the cost-effectiveness of the route, services for users and residents, as well as job security for employees “.
During question time today at 15 in the Chamber the Minister for Relations with Parliament, Federico D’Incàwill respond to a question addressed to the Minister of Infrastructure and Sustainable Mobility by Lollobrigida (FdI) on the Government’s decision regarding the termination of the agreement between Anas and Strada dei Parchi for the management of the A24 and A25 motorways and initiatives aimed at averting the related risks on a judicial and financial level.