News
Public procurements: a connection between undertakings is to be deduced from unambiguous elements
- 29/01/2018
The “Consiglio di Stato”, with Judgment no. 58 filed on 4th January 2018, has established that the burden of proving a connection between undertakings participating in a procedure is on the contracting authority and on who claims the existence of that connection.
The “Consiglio di Stato” has then recalled that such a connection undermines the principle of secrecy of tenders and has to be proved through unambiguous elements which can be deduced from the structure of the undertakings involved and from the contents of their offers.
In the case at issue, the fact that a member of the board of directors of one the participants owned a small part of the share capital of another participant, was not considered to be an unambiguous element.
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