Council of State Rejects Appeals, Mandates Public Tender for Sanremo Festival
Sanremo, Italy – May 30, 2025 – The Italian Council of State has upheld the Liguria Regional Administrative Court’s (TAR) December 2024 ruling, rejecting appeals from RAI, the Municipality of Sanremo, and consumer groups, including Codacons, confirming that the direct assignment of the Sanremo Music Festival to RAI was illegitimate. The decision, finalized on May 29, 2025, mandates that the Municipality of Sanremo must proceed with a public tender for the organization and broadcasting of the festival starting in 2026, ending RAI’s decades-long exclusive control.
The ruling stems from a legal challenge initiated by Just Entertainment in March 2023, which argued that the direct agreement between the Municipality and RAI violated competition laws. The TAR’s decision required a transparent bidding process, prompting the Municipality to issue a tender for the 2026–2028 editions, with an option for a two-year extension. Despite the tender, only RAI submitted a bid by the deadline, reinforcing its historical dominance. However, the Council’s rejection of the appeals, including RAI’s claim of exclusive format rights and Codacons’ concerns over procedural transparency, solidifies the requirement for open competition.
The decision has significant implications. RAI, which has produced the festival since 1951 and uses it to select Italy’s Eurovision entry, faces increased financial demands, with the Municipality raising the bidding base to €6.5 million annually from €5 million, plus additional obligations like producing four extra TV programs. Posts on X reflect RAI’s frustration, with @GiusCandela noting, “The Council of State has rejected RAI’s appeal on Sanremo, the assignment will proceed via tender. Not good news for public service leaders, they’ll have to spend more.” @darkap89 added that RAI “is effectively stripped of an event it considered its own,” highlighting constraints on its decision-making freedom.
The Municipality’s push for a higher fee and additional programming reflects the festival’s economic importance, generating over 10% of RAI’s annual advertising revenue in just five days. Critics, including Sergio Cerruti of Just Entertainment, argue that the tender upholds fair competition, while RAI contends that its expertise and brand synergy with Sanremo are unmatched. The Council’s ruling dismisses RAI’s argument that the festival’s format and brand are inseparable, affirming the Municipality’s ownership of the “Festival di Sanremo” brand.
While the 2025 edition, under Carlo Conti’s direction, remains unaffected, the 2026 festival’s future hinges on the tender’s outcome. RAI is likely to win due to its sole bid and expertise, but the ruling opens the door for competitors like Mediaset, though they declined to participate. There’s also speculation about RAI relocating a similar event to another city, such as Turin, under a new name like “Festival della Musica Italiana” to retain Eurovision selection rights. However, such a move risks diminishing Sanremo’s cultural significance.
Consumer group Codacons, which previously challenged RAI’s Sanremo practices, including a 2023 appeal against jury transparency, expressed concerns over potential monopolistic practices but saw their appeal rejected alongside RAI’s. The Council’s decision emphasizes procedural fairness, potentially reshaping the festival’s production landscape and its role as a cultural and Eurovision cornerstone.
