Italy's Consiglio di Stato Affirms ADM's Bracketed Indemnity Framework for Extended Bingo Concessions

The Consiglio di Stato has rejected an appeal filed by a bingo concession holder and thereby upheld the Agenzia delle Dogane e dei Monopoli's new system that divides indemnity calculations into 81 brackets during the technical extension period running from 2018 through 2026. This decision aligns the calculation method with earlier directives from both European Union courts and Italian national courts that require fees to reflect actual revenue figures rather than any flat-rate structure. The ruling directly confirms the validity of the ADM's July 31 2026 determination numbered 521283 which established the bracketed approach now deemed fully compliant.

Details of the Administrative Appeal and Its Outcome

Concession holders operating under the extended framework had challenged the shift away from simpler calculation methods toward the more segmented 81-bracket model. The Consiglio di Stato examined the arguments presented and found that the ADM's methodology satisfied the revenue-tied requirements previously set by higher courts. Observers note that the technical extension covers ongoing operations through 2026 and therefore the confirmed system governs indemnity payments across the remaining years of that period. Those involved in the sector have received clear judicial backing for the bracket structure that adjusts payments according to documented revenue levels at each step of the scale.

How the 81-Bracket System Operates Within the Extension Period

The framework divides possible revenue outcomes into 81 distinct segments so that indemnity amounts adjust proportionally rather than remaining fixed across all operators. Court guidance had previously emphasized that indemnities must connect directly to real revenue performance and the ADM incorporated that principle into teh determination issued on July 31 2026. Concession holders now apply the bracket that matches their verified figures for each calculation cycle and the system thereby produces outcomes consistent with the legal standards established by EU and national precedents. The ruling makes explicit that this segmented method meets those standards without deviation.

Connection to Prior Judicial Requirements on Revenue-Based Fees

Earlier decisions from EU and Italian courts had already directed that indemnity calculations during extension phases must avoid arbitrary flat rates and instead track actual earnings. The ADM responded by developing the 81-bracket grid that maps revenue ranges to corresponding payment obligations. The Consiglio di Stato reviewed this response against the existing case law and concluded that determination n. 521283 implements the required linkage between revenue and indemnity amounts. Concession holders therefore operate under a structure that satisfies both the 2018–2026 extension rules and the broader judicial framework on fee calculation.

Current Status Following the October 2026 Developments

By October 2026 operators continue to apply the upheld bracket system when determining indemnity payments for the remaining months of the technical extension. The Consiglio di Stato decision removes uncertainty around the ADM's July 31 determination and allows consistent application across all concession holders still active under the 2018–2026 framework. Administrative processes now proceed on the basis that the 81-bracket model remains the governing standard until the extension concludes at the end of 2026.

Conclusion

The Consiglio di Stato ruling solidifies the ADM's 81-bracket indemnity system as the operative method for the technical extension period and confirms that determination n. 521283 satisfies all applicable court directives on revenue-linked fees. Concession holders receive definitive guidance on how to calculate payments through 2026 and the administrative framework moves forward under this established structure.