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Public tender: the Administrative Court reiterates the principles regarding the contestation of tender notice

  • 14/01/2019

The Administrative Court of Lazio Region, Sec. III quater, with the Sentence no. 11828 of December 6th 2018 established that those who voluntarily abstained from participating in a public tender are not entitled to ask for the annulment, even though there is an interest in the competition being re-banned.

This general rule can be waived, for the needs of widening the protection of competition, only in three cases: 1) when it is contested the call for tenders itself; 2) when it is contested that a tender has been missed, since the administration has been entrusted with the direct assignment of the contract; 3) the clauses of the notice are directly contested assuming that they are immediately excluded.

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