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In public contracts, the procurer may be jointly liable for sums due to the contractor’s employees

  • 10/04/2017

Article 29, paragraph 2, of Legislative Decree no. 276/2003, provides that the procurer is jointly liable with the contractor for wages and social contributions due to the contractor’s employees.

With regard to this, with Judgment of 2nd July 2015, the Court of Appeal of L’Aquila had stated that the said provision could not be applicable to a private enterprise, acting as a contracting authority in the context of a public procurement.

Instead, with Judgment no. 8959 of last 6th April, the Court of Cassation has ruled that also a private company, operating as a “contracting entity” according to the definition of article 3, paragraph 29, of Legislative Decree no. 163/2006, is subject to the joint liability of art. 29, paragraph 2, of Legislative Decree no. 276/2003.

So, as far as public procurements are concerned, article 29, paragraph 2, of Legislative Decree no. 276/2003, is not applicable only towards the public entities listed in article 1, paragraph 2, of Legislative Decree no. 165/2001 (Universities, Regions, et cetera).

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