News
On the interpretation of the calls for tenders: the recent sentence no. 2090/2020 of the Council of State.
- 06/04/2020
The Council of State, Section V, with sentence no. 2090 of March 25, 2020 established that in the interpretation of tenders the rule related to literal interpretation prevails, with the exclusion of any further hermeneutic procedure in the event of absolutely clear clauses. However, in the event of omissions or ambiguities of the individual clauses, it is necessary to resort to other hermeneutic canons, including those dictated by art. 1363 cod. civ, of the overall interpretation of the clauses, one by the other, and by art. 1367 cod. civ., which, in accordance with the principle of conservation of legal acts, in doubt requires following the interpretation that allows you to maintain its effects, rather than the one that determines its deprivation.
NEWS
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...
- 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...
