T.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.