Osservatorio della Giurisprudenza

The sentence highlights the requirement for a detailed and coherent evaluation of the minimum environmental criteria in the tender documents, stating that a simple reference to Ministerial Decrees is not enough. This approach ensures that contract performance effectively complies with environmental standards, promoting greater sustainability in public procurement.

The Regional Administrative Court of Lazio referred to the Court of Justice three questions concerning the compatibility of the Italian rules on sporting disciplinary sanctions (Decree-Law n. 220/2003 converted into Law n. 280/2003) with European Union law and, in particular, with the principle of effective judicial protection, with the principle of legality, with the principle of the specific nature and sufficient determination of the offences, and with the fundamental freedoms under Articles 45, 49 and 56 TFEU.

A public-private company cannot participate in any tender procedure other than the one for which it was established

The Court of Auditors examined the implementation of the NRP by the Digital Transformation Department of the Prime Minister’s Office in the part related to the migration of local public administrations to cloud services (M1/C1/1.2). The Court's resolution ascertains the pursuit of the targets set so far and points useful recommendations out to the Prime Minister's Office for the continuation of the activity: constant monitoring of local governments, strengthening of internal audits and constant information coordination with control bodies.

The economic operator who voluntarily withdraws from a public procurement procedure lacks standing against its acts, as it only carries an interest of mere fact.

In the light of the judgment of the CJEU, Comune di Ginosa C-348/22, the Apulian administrative judge (TAR Lecce) points out that the judgments of the Council of State Ad. Plen. 17 and 18/2020 are contradicted by the CJEU as regards the assessment of the natural resource (both as regards jurisdiction, and substance). Therefore, the deadline set by Law 118/2022 at 31 December 2023, scheduling the expiring date for existing State-owned maritime concessions, ceases to be effective due to Law 14/2023, as a subsequent and equal provision.

Res judicata in orders for payment may be challenged by means of late appeals against payment orders under Article 650 of the Italian Code of Civil Procedure (CPC): a consistent interpretation of art. 650 CPC allows a debtor who has not been warned of the possibility of contesting the unfair terms of the contract to take legal action when finally informed of his rights.

A request to revoke a measure by means of a petition does not give rise to an obligation on the part of the public administration to take any measure. Consequently, if the public administration does not adopt any act in self-defense its silence does not constitute a default.

The Council of State clarifies that during the selection procedures for external lawyers, the Public Administration must verify that the price offered is respectful of the principle of fair remuneration (“equo compenso”), which can protect the legal profession from anti-competitive practices and ensure the quality of the service.

With regard to environmental damage, the “polluter pays” EU law principle does not imply any obligation on the part of the owner who is not responsible for the polluting event to adopt emergency safety measures; the criteria for attributing liability cannot disregard the need to ascertain a causal link between the activity carried out by the subject and the polluting event.