News
Provisions not directly damaging to a participant are impugned with the award
- 03/07/2018
By Judgement no. 1378 of 31st May 2018, the TAR Lombardia has stated that the provisions of a contract notice are autonomously challengeable if they clearly damage the interests of a potential participant by hindering his participation in a public procedure.
Provisions which indicate a criterion for the award of a contract, instead, are to be disputed only with the award itself or with any other final act of a public procedure. Being at the initial stage of a procedure, there is no evidence that the participant at issue will not be finally awarded the contract.
Therefore, the TAR has rejected as inadmissible for lack of interest a claim by an enterprise which had impugned a contract notice on the ground that it contained a wrong criterion for the award.
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