News
An Authority annulling the acts of a procedure is subjected to pre-contractual liability
- 05/03/2018
With Judgment no. 680 of 2nd February 2018, the Consiglio di Stato has stated that an Authority annulling the acts by means of which it had previously called for a public procedure, is subjected to pre-contractual liability.
The Consiglio di Stato has explained the, in such a case, the liability of the Authority exists independently of the assessment on the unlawfulness of the annulment and also independently of the proof of the right upon the participant to be awarded the contract.
The Authority is then forced to compensate the economic operator for the expenses he had made for participating in the procedure and for the losses he had suffered for not being able to take advantage of other contractual opportunities.
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