Italy Update: Burden of proof on the person acting in court against the act of indication of a tendering procedure

With the provision in comment, the Board reiterated that the notice can be immediately challenged only in the event that the lex specialis makes it difficult to participate in the same tender. The immediate appeal of the notice is in fact the exception to the general rule. Therefore, the person who considers himself immediately injured by the lex specialis is required to prove that the law of competition prevents any serious participation in the selection. This burden of demonstration, in the opinion of the College, becomes imperative when the person who has challenged the call for tenders, contradicting at least in appearance to his own approach, determines to participate in the tender itself.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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