Giudice amministrativo

As part of a procedure for the granting of public funding by the Italian Ministry of Education, the Province of Viterbo project was excluded because it referred to a provincial school building that was not registered in the National School Building System – although present in the Regional registry – and it was therefore lacking the relevant requirement of the public notice. Ruling on the merits of the appeal brought by the Province against the exclusion decision, the Administrative judge is faced with a question that requires an initial definition of the interoperability lack, as it is instrumental to the decision on the dispute itself.

The essay focuses on the key role of administrative courts, in light of art. 133 of the Code of Administrative Court Procedure, legislative decree no. 104/2010. They act as guarantors of competition rules in the field of services of general economic interest (SGEIs) of local relevance, together with the European institutions for the full and effective implementation of EU law.