ABC Napoli moves toward the Spa Benefit: between legal requirements and the fear of a new referendum on public water.

ABC Napoli , the special company that manages the Campania capital's water service, is at the center of a heated political and social debate. The municipal government led by Mayor Gaetano Manfredi has begun the process to transform it into a fully public Benefit Joint Stock Company , but public water committees are crying foul over the 2011 referendum.

On the one hand, the municipal administration talks about complying with a national regulatory requirement, on the other, citizens and associations see the first step towards creeping privatization.

From the referendum victory to the birth of ABC

To understand what's at stake, we need to go back to June 12 and 13, 2011 , when over 27 million Italians voted in the referendum to repeal the law that allowed the privatization of water management. The question called for removing the water service from market forces, establishing water as a common good that cannot be traded.

Naples was the only major Italian city to fully implement the referendum result. In 2013, the municipal government led by Luigi de Magistris transformed the then ARIN (a wholly publicly owned joint stock company) into ABC – Acqua Bene Comune Napoli , a special non-profit public company. This unique model in Italy has become a symbol of the fight for public water in Europe.

Unlike a joint-stock company, a special purpose company is not for profit: any operating surpluses must be reinvested in network maintenance and service improvements. This legal form is designed to keep water off the market.

The 2022 Draghi decree changes the rules

Legislative Decree 201 of 2022 , approved during the Draghi government and supported at the time by the Democratic Party and the Five Star Movement (both currently governing the City of Naples), shook up the regulatory framework . The law modified the rules for companies managing public online services, effectively excluding special companies from obtaining direct contracts.

According to the Special Commissioner of ABC, Andrea Torino , the law no longer allows special companies to manage local public network services, requiring the transition to a joint-stock company as a condition for maintaining the contract. The deadline is set for December 31, 2027 : if the transformation is not completed by then, the company risks liquidation.

Not everyone, however, shares this interpretation. Constitutional expert Alberto Lucarelli (formerly a councilor under de Magistris and the father of the resolution that created ABC in 2013) disputes the notion of a true obligation, citing a recent ruling by the Court of Auditors – Audit Section for Campania, according to which the transition from a special purpose entity to a joint-stock company is not mandatory.

The Municipality's position: 100% public Spa Benefit

The Manfredi administration responded to the controversy by presenting the project of a “Spa Benefit” , a corporate form that integrates social responsibility into the business model, with a statutory obligation to use profits to generate positive effects on society and the environment.

On July 10, 2026, Mayor Gaetano Manfredi met with CGIL, CISL, UIL , and trade organizations to discuss the process. "ABC must be public and solid, with particular attention to development prospects," the mayor stated. "We will immediately begin the process of transforming into a 100% public limited company , with all shares owned by the City of Naples."

The Democratic Party group leader in the City Council, Gennaro Acampora , reiterated that the transformation "arises from a legal obligation of the State" and that "it does not affect the nature of the capital, which will remain public." According to Acampora, the in-house award requirement would prevent any private involvement: "It cannot privatize, it cannot open up to private investors, it cannot even provide for this in its bylaws, otherwise it would constitute an illegal act." The new company's bylaws must provide for full public ownership and exclude private participation, allocating resources exclusively to the corporate purpose.

Salvatore Parisi , a member of the Executive Committee of the Campania Water Authority (EIC), explained that the transformation into a joint stock company is not a privatization: "ABC would be a publicly held company subject to similar control by the city council, with no possibility of private interference. Even if it decided to sell shares in the company, it would lose its concession." Parisi acknowledged, however, that Legislative Decree 201/2022 "penalizes only one public management model, the special company, excluding it from network services without any European basis."

The unions welcomed the meeting with the Municipality, deeming the process "fully consistent with the experience of the special company" and announcing their active participation in the implementation phase.

The committees' mobilization: "It's the Trojan horse of privatization."

On the other side, the Campania Public Water Coordination and the Naples Public Water Committee have continued to mobilize. For months, they have been organizing sit-ins under Palazzo San Giacomo and public meetings throughout the city.

On July 13, 2026, a crowded public meeting entitled "Democracy Restarts from East Naples" was held in the Council Chamber of the Municipality VI of East Naples , with the participation of former mayor Luigi de Magistris . His speech was clear:

The committees see the joint-stock company as a "Trojan horse" for future access to private investors or for listing on the stock exchange. The difference, they argue, is not merely bureaucratic: a special purpose company is a non-profit public law entity, while a joint-stock company is a private law entity dedicated to generating profits. However protected it may be today, tomorrow a resolution or a change in the bylaws would be enough to open up capital.

De Magistris also launched an appeal to the President of the Campania Region, Roberto Fico , calling for a regional law that recognizes and protects the special company model for the management of the water service, exempting it from the transformation obligations imposed by national legislation.

The committees have already sent a formal formal warning to the City of Naples and the EIC and have announced their intention to hold a citizen referendum if the administration proceeds with the transformation into a joint-stock company.

Manfredi's promise and Zanotelli's "betrayal"

At the heart of the protest is also a question of political credibility. Comboni missionary Father Alex Zanotelli , who has been at the forefront of public water protection for years, publicly recalled Mayor Manfredi's words to him in the past:

He asked me to look him in the eye: as long as I am mayor, ABC, a special company, will not be touched.

Father Alex Zanotelli

But then, Zanotelli emphasized, Manfredi changed his mind, today supporting the possibility of the transformation.

For the committees, what's happening today in Naples reflects a broader political failure. The city that first transformed water into a common good risks also paving the way for the return of commodification. Alberto Lucarelli also denounced the manner of the City Council debate, where a motion amending Article 67 of the municipal statute was reportedly approved, opening the way for ABC to form a company with private entities.

The next steps

The game is being played out on multiple fronts. On the institutional level, the Municipality has begun discussions with the unions and is preparing to bring the resolution to the City Council. On the movement side, mobilizations will continue with new initiatives in the coming weeks, while the technical and legal feasibility of the citizen referendum is assessed.

The Campania Region, with President Roberto Fico , could play a decisive role: de Magistris has called for a regional law to protect the special company, while Acampora has announced a motion to ask the Region for an opinion on the possibility of extending the assignment to ABC as a special company.

December 31 , 2027, remains the crucial deadline. From now until then, the clash between those who see the joint stock company as the only way to save public water and those who instead see it as the first step toward privatization promises to ignite the public debate for a long time to come.