The direct assignment of the organization of the festival to Rai by the Municipality of Sanremo for 2024-2025 is "illegitimate" : except for the next edition, from 2026 it will be necessary to proceed "with a tender open to operators in the sector".
In 58 pages, the Regional Administrative Court of Liguria puts down in black and white a ruling that could change the history of the TV event par excellence. Rai is considering the appeal, but in the meantime it is pouring water on troubled waters: «The administrative judges - Viale Mazzini reports - have confirmed the effectiveness of the agreement stipulated between Rai and the Municipality of Sanremo for the 2025 edition, as well as Rai's ownership of the television format adopted for years for the organization of the Festival»: «there is therefore no risk», «that the singing event, in its current guise, could be organized by third parties».
The TAR ruled on the appeal of Just Entertainment, a music publishing and production and implementation company for musical events and works , which in March 2023 had sent the Municipality of Sanremo an expression of interest "to acquire ownership of the economic and commercial exploitation rights of the Sanremo Festival" and of the related brand to take care of the organization and running of the Festival as well as the related "promotion and dissemination activities".
Faced with the lack of response from the Municipality - which "reported that no assignment had been made in favor of Rai with reference to future editions of the Festival" - Je challenged the provision with which the Municipality itself "would have assigned to Rai the concession of the exclusive use of the 'Festival della Canzone Italiana' trademark and the holding of the 74th edition of the Festival, as well as any subsequent editions".
Rather complex, the ruling is based on the distinction between the ownership of the trademark and the TV format . «The TAR - in the reading of Viale Mazzini - has judged irregular only the resolutions with which the Municipality of Sanremo has granted exclusive use to Rai of the trademark 'Festival della Canzone Italiana', as well as some ancillary services provided on the occasion of the organization of the Festival itself. Therefore, there is no risk that the singing event, in its current guise, could be organized by third parties».
Except for the 2025 edition, entrusted to Carlo Conti - "it would be evidently disproportionate and unreasonable to affect the edition of the Festival that has already taken place and the edition that will take place in a few months", the administrative judges point out - nothing would prevent Viale Mazzini from organizing the festival elsewhere.
On the other hand, however, nothing would prevent other groups - from Mediaset to Warner Bros. Discovery, where Amadeus recently moved - from participating in the competition to win the trademark and perhaps propose a new format.
"It is an unexpected, detailed and complex ruling. Together with the municipal leaders and our legal advisors, we will examine it with scrupulous attention in the coming days, also in order to plan the best strategies for the future", reflects the mayor of Sanremo, Alessandro Mager.
Sergio Cerruti, managing director of Je and former president of Afi, the Italian Phonographic Association, rejoices: «David has defeated Goliath, and in this country every now and then things go in the right direction and there is hope even for the little ones». And he concludes: «Today we have written a piece of history, because Sanremo is Sanremo, it is not Rai». The need for a call for tenders? «We have been supporting it for years», claims Striscia la Notizia.
In the meantime, the case could end up in the Supervisory Commission: the TAR ruling "casts a strong shadow of uncertainty on what represents the greatest media event of the public service and the main source of advertising revenue for Rai", warn the Pd representatives of the bicameral commission. For the Dems, "it is essential that the CEO Rossi immediately comes to report to the Supervisory Commission to clarify how he intends to address this situation and ensure that the Sanremo Festival remains a pillar of the public service".
(Unioneonline/vl)
