News
The company that lacks of the qualification required, to an extent corresponding to its share of work, causes the exclusion of the RTI from the tender.
- 15/04/2019
“Adunanza Plenaria” (Cons. St., A. P., 27 March 2019, n. 6) has recently stated that "according to art. 92, paragraph 2, d.P.R. 5 October 2010 n. 207, if one of the companies that is part of a temporary grouping, at the time of submitting the offer, lacks of the qualifications required for its part of work, this causes the exclusion of the entire grouping from the offer, even if the difference is minimal and also in the case the grouping as a whole (or another of the companies of the same) has the qualification for the execution of the work”.
The Court affirms that the function of the qualification requisites is to prove the bidders’ reliability, in order to defend the public interest. The non-correspondence between requirements and the share of the work to be performed isn’t just a formal inaccuracy but a substantial infringement.
The access to tenders is certainly free for all the subjects who meet the requirements for participation.
NEWS
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natur...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency ...