News
Public procurement: the failure to list the labor costs separately
- 21/05/2019
The Court of Justice of the European Union, in the case C 309/18, has dealt with the issue of consequences of the failure, in a financial tender, to list the labor costs separately.
The Community principles of legal certainty, equality of treatment, proportionality and transparency, referred to in Directive 2014/24/ EU, do not preclude the application of national legislation, such as the Italian legislation, founded on the combined provisions of Article 95 and Article 83 of Legislative Decree no. 50/2016, according to which the failure to list the labor costs separately in the financial tender in a procedure for the award of public services inevitably results in the exclusion of the tendering undertaking concerned without the possibility of supplementing or amending its tendering documentation, even in the case where the obligation to list those costs separately was not set out in the tender documents, and even though, in substantive terms, the tender in question actually took into account the minimum labor costs, in accordance, moreover, with a declaration for that purpose made by the tenderer.
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 ...