News
Constitutional Court on public procurement: the limitation of reserves to 20% is legitimate
- 09/06/2021
The Constitutional Court, with decision no. 109 of 2021, declared the unfoundedness, with reference to arts. 3, 24, 41 and 97 of the Constitution, of the issues of constitutional legitimacy of art. 240-bis, paragraph 1, of the legislative decree 12 April 2006, n. 163, in the part in which it provides that the total amount of the reserves cannot in any case exceed 20% of the contractual amount, since, within this threshold of the contractual amount, any claim of the contractor can be recognized, in amicable or subject to judicial assessment, while beyond this legal limit, on the other hand, access to the amicable agreement is certainly forbidden, but judicial actions are not precluded, rather the contractual risk being slightly increased.
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 ...
