Studio Legale Pavan Website

Could you be excluded from public tenders if you do not pay taxes and fees?

The Veneto Tar, section I, with decision of 7 December 2020 n. 1195, reiterated that the cause of exclusion pursuant to art. 80, paragraph 4, of the Legislative Decree 18 April 2016, n. 50, does not apply when the economic operator has complied with its obligations by paying or bindingly undertaking to pay the taxes or social security contributions due, including any interest or fines, provided...

PAT and inadmissibility of documentation if not properly certified

The T.A.R. of Lazio with the decision of 24 November 2020 n. 12427 considered inadmissible the appeal for compliance with the decree of the Court of Appeal of Rome of sentencing for unreasonable length of the trial pursuant to l. n. 89 of 2001 (pursuant to the so-called Pinto Law) in the event that the documentation filed as a copy in court relating to the requirements of the required complianc...

The anomalous offer in light of the recent decisions of the Council of State

The Council of State, with decision of 9 November 2020 n. 6861, established that the legitimacy review can refer to the assessments carried out by the contracting authority during the verification of the anomaly within the limits of their intrinsic logic and reasonableness, as well as the congruity of the related investigation, but cannot in any way translate into a new verification of the mer...

The C.T.U. in the absence of communication to the parties, it is affected by irremediable nullity

The Supreme Court, with order of 18 November 2020, n. 26304 established that, pursuant to art. 194, paragraph 2 of the Code of Civil Procedure and 90, paragraph 1, disp. att. c.p.c., the performance of all the activities of the C.T.U. without any involvement of the parties, who lacked any communication both of the day, time and place of start of the operations of the auxiliary, and of those of ...

The revocation of the adjudgment is allowed if the contracting authority shows cost savings

The Campania Tar with decision of 15 September 2020, n. 1143, established that the adjudgment of a contract following a tender can be legitimately revoked by the contracting authority if there is an opportunity to adhere to the most convenient agreement proposed by the competent aggregator....

The revocation of the mandate to the defender does not interrupt the administrative process.

The Emilia Romagna Tar, section I, sentence 20 October 2020, n. 184 established that, the renunciation of the mandate by the defender, or the revocation by the conferring party, does not make the defender renounce or revoked lose the ius postulandi and the legal representation of the client for all the acts of the process, until he has been replaced by another defender. So much, by virtue of th...

The C.T.U. has the right to the payment of the compensation if the objection is late.

The Supreme Court, with sentence of 19 November 2020, n. 26358, established that the adoption of an objection measure by the technical consultant, hired outside the prescribed period, does not result in any positively envisaged nullity, the right of the C.T.U. to the payment of the remuneration under the special procedure pursuant to Article 15, Legislative Decree no. 150/11....

Negotium mixtum cum donatione and simulation

The Supreme Court, section II, with sentence of 30 October 2020, n. 204040, established that with the negotium mixtum cum donatione, the parties make an indirect donation using the accordance that they declare to put in place, and that they actually stipulate, to obtain a purpose that differs from the cause or function typical of the accordance itself, while in the relative simulation an accord...

The standard of living of the maintenance allowance in the separation of the spouses is unrelated to the divorce allowance

The Supreme Court, with decision no. 23482 of 27 October 2020 established that, in the matter of maintenance allowance to be determined at the time of the personal separation of the spouses, the adequacy of the income is relevant for the purpose of maintaining the standard of living enjoyed during the marriage, according to a parameter that is unrelated to the setting of the divorce allowance, ...

The spurious counterclaim is abusive.

The Court of Cassation, with order of 19 October 2020, n. 22652, considered that the counterclaim proposed by the administration constitutes abuse of the process, which accuses the defender of not having appeared promptly, despite having full availability of the documentation proving the impossibility of formalizing the appearance in court in time and to propose ritually the limitation exceptio...

The harassing behavior of the tenant towards the neighbors constitutes breach of contract due to abuse of the leased property pursuant to art. 1587 c.c.

The Court of Cassation, with order of 20 October 2020, n. 22860, clarified that the conduct of the tenant who harasses the neighbors constitutes a breach of contract due to abuse of the rented property pursuant to art. 1587 c.c. towards the landlord, this having to answer towards the other tenants on his own account, if he tolerates such harassment. Furthermore, the non-fulfillment can be integ...

Commercial lease: it is possible to waive the compensation exception on the security deposit

The Supreme Court, with order of 1 October 2020 n. 20975, established that, in the lease contract for commercial use it is legitimate to agree on the tenant's waiver of the compensation exception in reference to the security deposit, since there is no “weak party” worthy of particular protection....