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The anomalous offer in light of the recent decisions of the Council of State

  • 07/12/2020

The Council of State, with decision of 9 November 2020 n. 6861, established that the legitimacy review can refer to the assessments carried out by the contracting authority during the verification of the anomaly within the limits of their intrinsic logic and reasonableness, as well as the congruity of the related investigation, but cannot in any way translate into a new verification of the merits, as this is a matter reserved to the exclusive (technical) discretion of the administration.

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