Italy’s Consiglio di Stato (Section Five) has rejected an appeal by the Campania Region and IBM Italia, upholding the lower administrative court’s decision to annul a €61.2 million public tender for a regional quantum computer intended for the University of Salerno campus in Fisciano. The ruling (N. 02397/2026 REG.RIC., published August 26, 2026) resets the procurement process back to the evaluation phase prior to a contested deadline extension, leaving local consortium Tea Tek—partnered with Rigetti Computing and TreQ—as the sole valid bidder remaining in the race.
| [ Campania €61.2M Quantum Tender Legal Framework ] | ||
|---|---|---|
| Litigation Overview | Court Determination | Procurement Status |
| • €61.2M University of Salerno QPU Tender | • Deadline Extension Declared Unlawful | • IBM Award Officially Annulled |
| • IBM Italia Award Contested by Tea Tek | • Posthumous System Error Defense Rejected | • Process Reset to Pre-Extension Phase |
| • Hardware Bid: Rigetti & TreQ Stack | • Tea Tek Initial Bid Reinstated as Valid | • Regional Discretion Maintained (No Auto-Award) |
Procedural Deadline Extension Declared Unlawful
The dispute centers on a last-minute extension of the bidding deadline granted by the Campania regional administration in February 2025. IBM Italia utilized the extension to submit its paperwork, eventually winning the contract over Tea Tek:
- Rejection of System Failure Defense: Before the Council of State, the Campania Region argued that the deadline extension was required due to a technical failure in the procurement portal. The court rejected this defense, ruling it an unallowable posthumous justification that was never documented in the original administrative proceedings.
- Reinstatement of Tea Tek’s Original Bid: The judges rejected arguments that Tea Tek had forfeited its original proposal by submitting modified bids during the extension period, classifying Tea Tek’s actions as a legitimate competitive strategy.
- Legal Fees: The court ordered both the Campania Region and IBM Italia to pay €5,000 in court costs.
Administrative Discretion and Next Steps
While the ruling leaves Tea Tek as the only vendor to have submitted a timely offer prior to the extension deadline, the court explicitly rejected Tea Tek’s cross-appeal requesting an immediate award of the contract:
- No Automatic Award: Citing Article 108, Paragraph 10 of the Italian Public Contracts Code, the Council of State ruled that the regional administration retains full discretion to evaluate whether Tea Tek’s offer is suitable and financially advantageous.
- Potential Outcomes: The Campania Region may elect to evaluate and accept Tea Tek’s proposal, or exercise its statutory right to cancel the tender entirely without making an award.
Review the Italian news coverage on Fanpage.it here, and inspect official legal rulings via the Consiglio di Stato here.
August 26, 2026
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