News
Prohibition on the faculty of subcontracting provided for by the lex specialis
- 03/08/2020
The Council of State, section V, with sentence no. 4252 of 2 July 2020 established that, in the presence of a faculty of subcontracting prohibited by the invitation letter but permitted by the special tender specifications, an ambiguity situation arises deriving from the manner in which the tender regulations were packaged which cannot be made to fall on the operator participating in it with his exclusion, but at most with the prohibition of the possibility of subcontracting. Participation in the tender of the competitor must however be considered allowed even in the presence of a prohibited subcontracting declaration, if the same is qualified by itself for the execution of the service.
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...
