Studio Legale Pavan Website

Coronavirus and public tenders: ANAC proposes the exemption from the contribution for participation in the tenders.

With resolution no. 289 of April 1, 2020, the ANAC has proposed to the Government to exempt, until December 31, 2020, the contracting stations and economic operators from paying the contribution, in favor of the same, for the call or participation in a tender for 'contract. This proposal, made in consideration of the emergency resulting from the Covid-19 epidemic, would allow to relieve compani...

Made in Italy. The Supreme Court returns to the issue of selling products with false signs.

The Criminal Court, with ruling 10912/2020, on the subject of protection of “Made in Italy” and the evaluation of its false indication, underlined how the provision of which all. 16 d.l. September 25, 2009, no. 135, paragraph 4, refers to all those sales indications that present the product as entirely made in Italy, including not only explicit ones of the type "100% Made in Italy", "100% I...

Administrative law: precautionary application in the period between 6 and 15 April 2020 (CdS, section V, n.1881 / 2020).

The Council of State, section V, with precautionary order n. 1881 of 10 April 2020 established that the setting of a council chamber in the period between 6 and 15 April 2020 for the discussion of the precautionary application, following the adoption of a monochromatic decree pursuant to art. 56 c.p.a., falls under the regime referred to in the third period of art. 84, paragraph 2, d.l. n. 18 o...

The right to commission of the real estate broker in the "preliminare di preliminare"(Cass. civ. n. 7781/2020).

The Supreme Court, with order no. 7781 of April 10, 2020 has returned to treat the real estate broker's right to commission, establishing that it must be excluded if an economic-legal "deal" has not been concluded between the parties, but only a bond has been established to regulate the successive articulations of the formative procedure of the business , as in the case in which an option agree...

Public procurement: exclusion from the tender due to false declarations.

The T.a.r. Campania, with a recent writ no. 1261 of March 26, 2020, established in the matter of public procurement that art. 80, paragraph 5, lett. f-bis), d. lgs. 50/2016 outlines a cause for exclusion from the tender procedure which takes place on the basis of the objective assumption represented by the presentation of untruthful documentation or declaration, referable and also produced by a...

D.L. Liquidity: suspension of due payments.

With the new “Law Decree Liquidity "(law decree, 8.4.2020 n. 23) has been ordered the suspension of payments due in April and May, for companies and professionals who register a drop in turnover of at least 33% (for subjects with volume up to 50 million euros) or at least 50% (for subjects with a volume of over 50 million euros). The subjects who do not record turnover reductions, on the othe...

On the interpretation of the calls for tenders: the recent sentence no. 2090/2020 of the Council of State.

The Council of State, Section V, with sentence no. 2090 of March 25, 2020 established that in the interpretation of tenders the rule related to literal interpretation prevails, with the exclusion of any further hermeneutic procedure in the event of absolutely clear clauses. However, in the event of omissions or ambiguities of the individual clauses, it is necessary to resort to other hermeneuti...

Possession of the quality certification requirement in public procurement: the recent sentence no. 1881/2020 of the Council of State.

The Council of State, Section V, with decision no. 1881 of March 16, 2020 established that if the lex specialis does not provide for distinctions, within the scope of the contractual object, between main and secondary services (therefore, all the companies that compete in the form of a temporary grouping are authorized to perform the same processes, which cannot be separated or disting...

Public procurement. The recent decision of the Council of State no. 1998 of March 20, 2020.

The Council of State, with recent decision of March 20, 2020, no.1998 ruled on the correction of the material error in the offer stating that, in the tender bidding process, the tenderer is obliged to submit a certain, serious, complete and unchangeable tender, and that the tenderer is burdened by the obligation of diligence ex art. 1176 of the Civil Code and there is the principle of ...

The penalties of the new Law Decree no.19/2020.

With the entry into force of the new law decree, n. 19/2020 the penalties imposed for violation of the provisions for the containment of the Covid-19 virus were tightened. Unless the act constitutes a more serious offence, in fact, non-compliance with the containment measures is punished with an administrative penalty of between 400 and 3,000 euros. Furthermore, if non-compliance with the afore...

Infiltrations in condominium. The recent order no. 7044/2020 of the Supreme Court.

The Supreme Court, with order no. 7044 of March 12, 2020 established that the condominium of a building, as the custodian of common goods and services, is obliged to adopt all the necessary measures so that such things do not harm anyone and responds on the basis of art. 2051 c.c. of the damages caused by these to the portion of exclusive ownership of one of the condominiums, even though such d...

Law Decree “Cura Italia” and requisition in use or property.

With the Law Decree n. 18/2020 (“Cura Italia” decree), the Prefect is given the power to requisition hotels, or other suitable structures to host people in quarantine, in health surveillance and fiduciary isolation or in permanent residence (art. 6). In any case, is expected the payment of a requisition allowance in a corresponding amount, for each month or fraction of the month of effectiv...