Article 190. Termination and withdrawal.

1. The granting body may declare the concession terminated during its relationship if one or more of the following conditions occur: a) the concession has undergone a modification which would have required a new procedure for awarding the concession; b) the concessionaire was, at the time of the award of the concession, in one of the situations which entail exclusion from the concession award procedure; c) the Court of Justice of the European Union finds, in proceedings pursuant to Article 258 of the Treaty on the Functioning of the European Union, that a Member State has violated one of its obligations under the European treaties due to the fact that a granting body belonging to the Member State in question has awarded the concession in question without fulfilling the obligations provided for by the European treaties and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014. 2. The termination of the concession due to non-compliance of the granting body or the concessionaire is governed by articles 1453 et seq. of the civil code . For the case of non-compliance, the contract provides for a penalty clause for pre-determination of the damage and the criteria for calculating the compensation. 3. In cases which would involve the termination of a concession for reasons attributable to the concessionaire, the granting body communicates in writing to the dealer and the financing bodies the intention to terminate the relationship. The financing bodies, including the holders of bonds and similar securities issued by the concessionaire, within one hundred and twenty days of receiving the communication, may indicate an economic operator who takes over the concession with technical and financial characteristics corresponding to those provided for in the tender notice or in the documents by virtue of which the concession was awarded, with regard to the state of progress of the object of the concession at the date of takeover. The incoming economic operator ensures the resumption of the execution of the concession and the exact fulfillment originally requested of the replaced concessionaire within the deadline indicated by the granting body. The takeover of the economic operator takes effect from when the granting body gives consent. 4. If the granting body withdraws from the concession contract for reasons of public interest, the concessionaire is entitled to: a) the value of the works carried out plus the accessory charges, net of depreciation, or, in the event that the work has not yet passed the testing phase, the costs actually incurred by the concessionaire; b) the costs incurred or to be incurred as a result of the withdrawal, including charges deriving from the early termination of contracts to hedge the risk of interest rate fluctuation; c) compensation for loss of earnings ranging between a minimum of 2 percent and a maximum of 5 percent of the profits envisaged by the economic plan- financial, based on an assessment that takes into account the circumstances, the type of planned investments and the credit protection needs of the financing parties. In any case, the criteria for identifying the compensation must be unequivocally explained in the tender notice and indicated in the contract, taking into account the type and object of the concession relationship, with particular reference to the percentage, the plan economic-financial and the years to be taken into consideration in the calculation. 5. The sums due pursuant to paragraph 4 are intended primarily to satisfy the credits of the concessionaire's financiers and the holders of issued securities. 6. Without prejudice to the payment of the sums due, in all cases of termination of the concession relationship other than termination due to non-fulfilment of the concessionaire, the concessionaire has the right to continue with the ordinary management of the work, collecting the revenues deriving from it, until the actual payment of the aforementioned sums, without prejudice to any investments that cannot be postponed identified by the grantor together with the methods of financing and reimbursement of related costs. 7. The effectiveness of the withdrawal from the concession is subject to the condition of payment by the granting body of the sums provided for in paragraph 4. EFFECTIVE: July 1, 2023