On the first aspect, the Commission sticks to the formal elements of the procedures and kindly reminds us that a project approved at a preliminary level in 2004 and at a definitive level in 2009, called in the promoters’ propaganda to respond to freight traffic forecasts that proved to be very oversized, based on analysis costs-benefits affected by methodological errors and questionable data, it is still a useful stuff even if the reference framework in which it was born is no longer credible. European institutions do not seem impervious to the interests of those who work like these want to build them by force and do not seem willing to remember their own (easily circumvented) recent rules on the correctness of the European co-financing already attributed to projects such as that of the new Brenner railway and on the (theoretically) stringent conditions for continuing the 2015-2020 co-financing.
The second aspect appears to be a blatant manipulation of reality.
Quite differently from what the EU Commission affirms, the Italian legislation on the qualification and content of the economic-financial plan of a strategic infrastructure that was valid when the preliminary and final design of the base tunnel was approved is as follows:
the 2004 finance law  established that for strategic infrastructures with potential economic return deriving from management, the request for allocation of resources forwarded by the competent administration to the CIPE it must be accompanied, among other things, by an economic-financial plan that indicates the resources that can be used to carry out the work and the criteria for setting rates and revenues deriving from the operation of the work. It seems that the EU Commission is saying the truth. But no. At the time when, with the approval of the preliminary project (2004) and the final project (2009), the CIPE assigned funding to the work, the Brenner base tunnel was considered and advertised as a work with potential economic return for the purpose to support the hypothesis that it would also have been financed with a strong contribution of private capital . Therefore the economic-financial plan was not only indispensable, but was also actually prepared and evaluated by the CIPE, which softly speaks of it in its resolutions. Where is it?