News
Constitutional Court on public procurement: the limitation of reserves to 20% is legitimate
- 09/06/2021
The Constitutional Court, with decision no. 109 of 2021, declared the unfoundedness, with reference to arts. 3, 24, 41 and 97 of the Constitution, of the issues of constitutional legitimacy of art. 240-bis, paragraph 1, of the legislative decree 12 April 2006, n. 163, in the part in which it provides that the total amount of the reserves cannot in any case exceed 20% of the contractual amount, since, within this threshold of the contractual amount, any claim of the contractor can be recognized, in amicable or subject to judicial assessment, while beyond this legal limit, on the other hand, access to the amicable agreement is certainly forbidden, but judicial actions are not precluded, rather the contractual risk being slightly increased.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...