News
Public procurement: the exclusion of a consortium for lack of a participation requirement by a member of the consortium is not lawful
- 01/08/2022
The TAR Campania, with judgment no. 4731 of 13th July 2022, has ruled on the appeal against the exclusion of a consortium from a public procedure.
In the case at issue, the contracting authority had excluded the consortium for lack of a participation requirement by a member of the consortium which had to execute just part of the works.
The TAR, upholding the appeal of the consortium, has also stated that it is not necessary that each member of the consortium has all participation requirements if that member will only execute part of the works.
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