News
Compensation for loss of chances in procurement procedures
- 20/08/2018
The 'Consiglio di Stato', by Judgment no. 4225 of 11th July 2018, has stated that the recognition of a loss-of-chance damage requires a significant probability that the useful result has been frustrated by an unlawful action of the public administration, not identifiable in the loss of the possibility of achieving the desired result but in the current loss of a favorable outcome, if not even the certain proof of a probability of award of at least fifty percent.
Therefore, a compensation in such cases imposes the calculation of the quantification of the compensable damage. For this purpose, it is necessary to define the percentage of the probability that the operator at issue be awarded the contract, taking into account the phase of the procedure in which the unlawful act was adopted.
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