News
Procurement: right to revise contract prices in case of renewal
- 30/06/2020
The Council of State, section V, with sentence of 16 June 2020 n. 3874, established that in the event that the contractor expresses his will to renew the contractual relationship, it is in re ipsa that the same accepts the new determination of the price and will not be entitled to its price review, which instead is due in the event that the mere time delay of the end of the service has been agreed. The revision of the prices of the contracts applies, in fact, only to the contractual extensions, as provided for in the tender documents and subject to consent "upstream", but not also to the acts subsequent to the original contract with which, through specific manifestations of will, separate, new and independent legal relationships have been initiated between the parties, albeit of identical content to the original as regards the remuneration of the service, without any proposal to change the fee.
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 ...
