Defense of strategic European industries: a legally significant decision in Italy!
PAM Saint-Gobain welcomes a decisive ruling by the Italian Council of State, which has just rejected the appeal lodged by Indian manufacturer Jindal Saw against the principle of “economic reciprocity” in public tenders. A clear verdict that — well beyond PAM — protects European water-sector companies from unfair competition.
Europe is no longer on the defensive: it acts, asserts itself, and protects its interests !
Supported by EU directives, this decision strengthens an essential mechanism: ensuring that access to public tenders markets is based on fair rules. It sets a powerful precedent for strategic sectors — water, gas, energy — where the stability of supply chains is crucial and where non-EU producers pose a real threat to European industry.
This position aligns with the continent’s new dynamic: CBAM, anti-dumping, industrial sovereignty.
A powerful signal sent to the market
The effects of this historic decision by Italy’s highest administrative court are clear: European markets may exclude companies and suppliers from countries that have not signed public tenders agreements. Europe is no longer an open door to global dumping. Strengthened fairness. Dumping excluded. Fair competition guaranteed.
Key points of the decision
1. A solid legal basis, immediate strategic impact
Decision No. 9575/2025 allows Italian contracting authorities to reject any bid containing more than 50% products originating from third countries that do not have reciprocity agreements with the European Union.
This measure is based on:
- Article 170 of the Italian Public Procurement Code,
- Article 85 of Directive 2014/25/EU.
Objective: preserve European standards against dumping practices.
2. Vital sectors directly protected
Water, gas, and energy infrastructure represents:
- 7% of European GDP,
- 10% of Italian GDP,
- approximately 20,000 jobs in Italy.
The Council of State leaves no room for doubt: this measure is not a technicality, but a strategic choice aimed at maintaining a level playing field and securing the internal market.