News
Ordinary jurisdiction in the matter of subsistence of public servitude
- 10/08/2020
The Council of State, section IV, with sentence no. 4570 of July 15, 2020, established that the judicial assessment of the actual existence of public easement is the responsibility of the ordinary judicial authority, since it is a matter of subjective law and not of legitimate interest; while, the administrative judge has jurisdiction exclusively for an incidental knowledge of the matter, pursuant to art. 8 c.p.a., without being able to act on it with its own decision, and for the sole purpose of ruling on the legitimacy of the provision that is the specific object of appeal.
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...
