Studio Legale Pavan Website

Procurement: immediate appeal against the tender notice

The Council of State, section III, with decision no. 2253 of 28 March 2022 reiterated that, in the matter of public procedures, the burden of immediate appeal of the clauses of the announcement must be considered limited to those preventing participation in the tender, or imposing charges that are manifestly incomprehensible or completely disproportionate....

The datio in solutum of an immovable property requires the written form

The Supreme Court, with ruling no. 10933 of 5 April 2022 held that, in the event that the parties have simulated a real estate sale, actually wanting to carry out a real estate transfer with a solving function, the datio in solutum, as a concealed shop, is subjected to the written form under penalty of validity and cannot, therefore, be proved by means of formal interrogation....

The limitation of the number of competitors in public procurement is legitimate

The Lazio Tar, Section II, with decision no. 2910 of 14 March 2022, held that the Administration is entitled to introduce provisions aimed at limiting the number of competitors to allow particularly qualified individuals to participate in the tender itself, provided that this choice is not excessively and unreasonably restrictive of competition, in what is correctly exercised through the provis...

Public procurement: no preliminary assistance if the technical and / or economic offer is lacking.

The Council of State, with decision no. 2003 of 21 March 2022, on the subject of preliminary investigation in public procurement, stated that the lack of the economic and technical offer cannot in any way be remedied through the preliminary investigation procedure, because this possibility in relation to any shortage and / or unintelligibility of the technical and / or economic offer is strictl...

Tenders: there is no prohibition for the contracting authority to indicate the minimum conditions for participation in the announcement.

The Council of State, section IV, with sentence no. 1107 of 15 February 2022 reiterated that, the rule contained in art. 83, co. 8 of the Legislative Decree. n. 50/2016 did not place a prohibition on the contracting authority to indicate in the tender the minimum conditions for participation and the means of proof, in order to allow the verification, in a formal and substantial way, of the comp...

Failure to start the service, the revocation of the award of the contract lies with the jurisdiction of the G.O.

The Lombardy Tar, section IV, with ruling no. 627 of 18 March 2022 held that the judgment concerning the revocation of the award ordered by the Contracting Authority originating from the failure to start the service by the successful bidder falls within the jurisdiction of the ordinary judge. In fact, where "forfeiture of the award" measures adopted by the Public Administration are contested af...

In terms of Superbonus 110%, the condominium resolution can be canceled if it is not included in the agenda

The Court of Pavia, section III, n. 234 of 02.24.2022 deemed voidable for violation of art. 66 avail. att. c.c. the condominium resolution in the event that it contains the discussion of a topic not included in the agenda indicated in the meeting letter. Specifically, the failure to identify, in the agenda indicated in the letter of call, of the point relating to the feasibility study on the wo...

Withdrawal of the shareholder from the s.r.l. in the event of a reduction in the duration of the company: the recent ruling of the Supreme Court.

The Supreme Court, Section I, no. 6280 of 24.2.2022 held that, the resolution to reduce the duration of the company which entails the passage of the duration from indefinite to fixed term does not give the shareholder an independent right of withdrawal pursuant to the law in the same way as the rules laid down by art. . 2437, first paragraph, lett. e) of the Italian Civil Code, because this eff...

Legal nature of parking in the supermarket

The Supreme Court, Section VI, with ruling no. 9883 of 15 April 2021, n. 9883, decided to bring back under the free area lease agreement (and not as a free deposit agreement), the parking of a car inside the parking lot of a supermarket, with consequent lack of custody obligation and responsibility borne by the manager....

Recent guidelines of the SS.UU on the subject of collection of condominium contributions and nullity / annulment of the resolution.

The SS.UU., with decision no. 9839 of April 14, 2021 established that, in the judgment of opposition to the injunction issued for the collection of condominium contributions, the judge can review both the nullity, deducted by the party or detected ex officio, of the shareholders' meeting resolution based on the injunction , and the annulment of this resolution, provided that the latter is deduc...

La Cassazione sull’usucapione abbreviata.

The Supreme Court, Section II, with ruling no. 6728 of March 1, 2022 reiterated that the principle of the accession of possession is applicable not only to ordinary usucapione pursuant to art. 1158 of the Italian Civil Code, but also to the ten-year period referred to in art. 1159 of the Italian Civil Code; in the latter case, for the purposes of accruing the abbreviated usucapione in favor of ...

Failure to achieve the purpose in the mortgage is a cause of default

The Supreme court, Section III, with ruling no. 9253 of April 6, 2021, held that, in the event of a loan aimed at the financial recovery of a company, failure to achieve the purpose does not affect the genetic validity of the deal, but operates on a different level of non-fulfillment...