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Still on subcontracting: 30% illegitimacy of performance limits and prohibition of further downturn over 20% (European Court of Justice, judgement of 27 November 2019 (C-402/18))
- 09/12/2019
In its ruling of 27th November 2019 the European court of Justice interpreted the directive 2004/18/CE of the European Parliament and of the Council of March 31, 2004 concerning the coordination of the procedures for the award of public works contracts, supplies and services in the sense that it precludes national legislation which limits the portion of the contract that the bidder is authorized to subcontract to third parties to 30% and which limits the possibility of lowering the prices applicable to subcontracted services by more than 20% compared to the prices resulting from the award.
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...
