T.A.R. Lazio, Roma, Sez. IV-ter, 2.10.2025, n. 16987 In a nutshell: When it comes to vendor qualification systems in public procurement, particularly in strategic sectors such as rail infrastructure, Italian administrative courts have ruled that a contractor’s loss of reputational trust can justify the suspension from the qualification system, even in the absence of a […]
ContinuaCons. St., Sez. V, 1.10.2025, n. 7662 In a nutshell: When it comes to public procurement financed under the PNRR, Italian case law has clarified that central administrations holding the funds must always be included in the proceedings. The Council of State has ruled that their participation constitutes a case of necessary joinder, as required […]
ContinuaT.A.R. Lazio, Roma, Sez. II, 29.9.2025, n. 16793 In a nutshell: The Regional Administrative Court of Lazio has suspended the proceedings and referred a preliminary question under Article 267 TFEU to the Court of Justice of the European Union. The issue concerns the compatibility between Legislative Decree no. 201/2022 and Regulation (EC) no. 1370/2007 on […]
ContinuaT.A.R. Lazio, Roma, Sez. II, 29.9.2025, n. 16754 In a nutshell: In below-threshold concession procedures, the principle of rotation under Article 49 of Legislative Decree no. 36/2023 does not operate as an absolute prohibition. The TAR Lazio confirmed that awarding the contract to the outgoing operator is lawful when duly justified by objective reasons, such […]
ContinuaIn a nutshell:
In public procurement, the failure to provide the bid bond (cauzione provvisoria) within the timeframe and in the form required by the lex specialis constitutes a ground for exclusion that cannot be remedied afterwards. The TAR Lazio confirmed the contracting authority’s decision to exclude the bidder, invoking the principle of self-responsibility and the need to respect certainty and equal treatment in line with Article 79, para. 5 of Legislative Decree no. 50/2016 and the principles of transparency and legality under Legislative Decree no. 36/2023.