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The Italian Council of State on the limited number of causes of exclusion in public procurement: Council of State, Section V, Judjment 12th December 2019, no. 8255
- 16/12/2019
The Council of State expressed itself on the appeal brought against a ruling of the TAR Lazio, concerning an open e-procedure, divided into lots, for the conclusion of a 36-month framework agreement for the assignment of a service of catering. The Judges have established that "according to the principle of non-compliance with the causes of exclusion (see Article 83, paragraph 8, Legislative Decree No. 50 of 2016) the contracting authority cannot exclude a competitor due to differences from an alleged minimum requirement not expressly established by the tender documents”.
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