News
The exclusion from the public tender is legit if founded by hypotheses of crimes against the P.A.
- 08/10/2018
The V Section of the Council of State, with sentence no. 5424/2018, stated that the competitor, investigated for serious crimes against the Public Administration, can be excluded from the public tender, if the facts underlying the investigations are suitable to undermine the professional reliability of the competitor.
The Contracting Authority, in order to proceed with the exclusion, should not necessarily rely on a definitive judicial assessment. In fact, pursuant to art. 80, paragraph 5, letter c), of the Public Procurement Code, what has relevance for the purposes of the configurability of a “serious professional offense”, which is a reason for the exclusion, is the possibility of making questionable the integrity or the reliability of the economic operator.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
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...
