Italy Update: The false declaration on the absence of open disputes with the Customer, even if charged to the previous administrator, legitimizes the exclusion from the tender

With the sentence in comment, the T.A.R. declared legitimate the exclusion measure ordered by the Municipality against a competitor; the latter, in fact, at the time of participation in the tender had not declared the presence of ongoing criminal proceedings relating to innovations, abusive works, untitled occupations of the maritime public domain that emerged, instead, when proving the requirements. The statements made by the competitor were, therefore, untrue and completely legitimately, therefore, the Municipality ordered its exclusion from the selective procedure, having the untruthfulness of what was stated – in the light of what was established by Article 80, paragraph 5 letter f-bis of Legislative Decree. 50/2016 – undermined the relationship of trust that must necessarily exist between the contracting latest station and its economic operator. From that point of view, it is not relevant that the old administrator had his criminal record.

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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