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Super special rite: the prior appeal of the admission documents to protect an instrumental interest is legitimate
- 23/12/2019
With sentence no. 271 of 2019 the Judge of the laws declared the non-foundation, in reference to the articles 3, 24, 103, 113 and 117, paragraph 1, of the Constitution, the latter in relation to articles 6 and 13 of the ECHR, of the questions of constitutional legitimacy of art. 120, paragraph 2-bis, of Annex 1 to Legislative Decree no. July 2, 2010, n. 104, added by art. 204, paragraph 1, lett. b), of Legislative Decree no. 18 April 2016, 50, in the part in which it burdens the company participating in the procedures for the award of public contracts to challenge, within the 30-day term, the provision that determines the admissions of the competitors, under penalty of foreclosure of the right to assert the derived illegality of subsequent procedural documents, also with incidental appeal. The decision was determined by the fact that the choice would not be unreasonable, nor would there be an objective jurisdiction aimed at protecting exclusively or as a priority the general interest in the correctness and transparency of the award procedures, being given rather independent relevance to the instrumental or procedural interest of the competitor in the correct formation of the audience of the participants in the tender.
NEWS
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
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- 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...