Italy Update: Interpretation of the contract notice

TAR Lazio, judgment no. 14218 of 2 November 2022

The Regional Administrative Court confirmed an already consolidated orientation on the subject. It was highlighted that the rules contained in the call for tenders “rigidly bind the work of the proceeding administration, which is obliged to apply them without any margin of discretion to preserve the principles of trust and equal treatment between competitors that would be prejudiced if it were allowed to modify the rules according to the various conditions of the participants” (Cons. St. n. 4295/2021). Therefore, the announcement must be interpreted in strictly literal terms (Cons. St. n. 5203/2021); at the same time, the FAQ cannot provide additional requirements nor impose different burdens with respect to the notice.

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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