News
Termination of public contracts for grave professional misconduct only if the decision has a final effect
- 08/05/2017
Article 80, paragraph 5, letter c), of the new Italian Public Procurement Code (Legislative Decree no. 50/2016), provides that contracting authorities exclude from participation in a procurement procedure an economic operator which is guilty of grave professional misconduct.
Among such misconduct are significant deficiencies in the performance of a prior public contract or of a prior concession contract which led to early termination of that prior contract, either not contested before courts or tribunals or confirmed by a judge.
On this issue, with Judgment n. 1955 of 27th April 2017, the “Consiglio di Stato” has explained that, in case of serious professional misconduct, a competitor has to be excluded only if termination was either not contested or confirmed by a judicial decision having final and binding effect.
Moreover, the “Consiglio di Stato” has stated that the aforementioned interpretation does not contrast with the European legislation, pursuant to which the exclusion for grave professional misconduct is not compulsory.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...
