The Constitutional Court of Italy has ruled that the provisions of Tuscan Regional Law No. 52 (dated August 21, 2025) are unconstitutional. The law imposed an obligation on quarrying companies to locally process at least 50% of the marble extracted from the Apuan Alps and Versilia region.
The ruling by the supreme court invalidates the Region’s attempt to establish “short supply chain” (filiera corta) regulations within the Carrara natural stone sector. This decision upholds the appeals lodged by industrial associations and the central government in Rome.
Legal Reasoning of the Decision
The Constitutional Court based its annulment of the provisions on three fundamental pillars of Italian law:
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Competence over Competition: The regulation and protection of free competition fall under the exclusive legislative competence of the central state, not regional administrations.
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Free Movement of Goods (Article 120 of the Constitution): The court ruled that the mandatory local processing requirement acts as a restriction on the free movement of goods between Italian regions, favoring local businesses to the detriment of others.
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Freedom of Enterprise (Article 41 of the Constitution): Imposing processing quotas was found to restrict the right of businesses to freely structure their production and organizational frameworks based on market demands.
Background of the Case
The management of the Carrara marble supply chain has been a subject of debate and legal dispute for several years among local authorities, trade unions, and quarrying companies.
1. The Economic Dimension of Processing
The Region of Tuscany and local authorities had pointed out that a significant portion of extracted blocks is exported directly abroad without prior processing (cutting, polishing, etc.) within the region. According to the regional administration, the law aimed to retain economic added value and employment within the local workshops and processing plants of Massa-Carrara.
2. The Reaction of Quarrying Companies
Conversely, industry enterprises and trade associations argued that the marble market is globalized and demands flexibility. They stated that such restrictions would reduce the competitiveness of Italian marble against alternative international markets and create obstacles for existing commercial agreements.
3. The Judicial Pathway
Following the passage of the law in 2025, companies in the sector filed nine appeals with the Regional Administrative Court (TAR) of Tuscany. Concurrently, the Italian Council of Ministers challenged the law on the grounds of constitutional competence. The administrative court subsequently referred the matter to the Constitutional Court, which issued the final annulment.
Current Status
Following this ruling, the trade and distribution of Carrara marble will continue to be governed exclusively by the rules of the free market and open competition. Local authorities are now exploring alternative methods to support the regional processing industry that comply with the country’s constitutional framework.
