Italy Update: Jurisdiction in the event of termination of the contract

TAR Puglia – Bari, judgment no. 838 of 1 June 2023

The Apulian TAR reiterated that a dispute concerning the appeal of a provision with which the PA ordered the termination of the contract for serious breaches by the contractor falls within the jurisdiction of the ordinary judge.

In fact, without dwelling on this point, the College merely considers that disputes arising during the execution of the contract (and after the award) are devolved to the jurisdiction of the ordinary court.

At the same time, it is worth noting that the jurisdiction of the administrative court exists when the administration, having considered that the successful tenderer does not fulfil a condition for participation in the tendering procedure, decides to terminate the contract (cf. TAR Lazio – Rome, sect. III c, 15 February 2022, n.1830).

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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