T.A.R. Lazio, Roma, Sez. I-quater, 8.10.2025, n. 17278 In a nutshell: The Administrative Court of Lazio upheld the legitimacy of an annotation in the ANAC registry based on a false declaration submitted during a public tender, despite the absence of intent (dolo). The Court found that gross negligence (colpa grave) is sufficient to justify the […]
ContinuaT.A.R. Lazio, Roma, Sez. III-quater, 8.10.2025, n. 17241 In a nutshell: This judgment by the Administrative Court of Lazio concerns the partial execution of a previous decision (TAR Lazio n. 4075/2020) relating to outstanding payments for healthcare services provided in 2006. The Region of Lazio, while formally complying with the ruling, imposed new limits—recognizing only […]
ContinuaCons. St., Sez. III, 3.10.2025, n. 7730 In a nutshell: The Council of State annulled the award of a catering contract, ruling that the contracting authority had unlawfully manipulated economic bids by considering also labor cost reductions, contrary to the tender rules. The judgment reaffirms the need for strict adherence to the lex specialis and […]
ContinuaCons. St., Sez. III, 3.10.2025, n. 7729 In a nutshell: The Council of State ruled that, in public procurement of medical nutrition products, the principle of equivalence applies broadly: even if the tender specifications do not set a minimum concentration of active components, products containing the substance—albeit in minimal quantities—must be admitted, in line with […]
ContinuaCons. St., Sez. III, 3.10.2025, n. 7714 In a nutshell: The Council of State ruled on a dispute concerning a concession contract for public services, confirming the exclusion of an economic operator from a tender launched by Estar (Regional Technical and Administrative Support Agency) for not including in its financial offer the costs related to […]
ContinuaT.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.