The recent ruling n. 76 of 13 January 2016 of the Consiglio di Stato upheld the appeal filed against the adjudication of a tender in favour of a RTI (temporary grouping of companies), due to the absence, among other things, of the requirements relating to the regular contributions of one of its companies. The peculiarity…
The TAR Emilia Romagna (The Regional Administrative Court of Emilia Romagna) has recently ruled (Judgement 112/2016) on a case which concerned the application of a measure provided for by the Testo Unico delle Leggi di Pubblica Sicurezza (Consolidated Laws of Public Safety), under which the Questore may order the closure of a club if it…
Support administration was introduced into Italian legislation for the purpose of allowing a lesser intrusiveness of the limits imposed by the law in cases of interdiction and incapacitation, establishing a flexible and articulated system that protects persons suffering from disorders which are not so severe as to cause interdiction, and that allows them to determine…
The Consiglio di Stato (the Italian Council of State) has granted Zunarelli – Studio Legale Associato’s appeals which challenged some TAR (Regional Administrative Courts) rulings which had rejected the jurisdiction of Administrative Judges with concern to applications against the withdrawal of public funds. For many years, the correct allocation of jurisdiction between Ordinary Courts and…
As is often the case in Italy, when the law is silent, case law outlines the contours of the new model fact situations. This is the case, for example, with the Uber smartphone service, in relation to which law makers have not yet taken a stance, failing to typify the contractual relationship between the person…
On 11.06.2014 the Court of Justice of the European Union filed a judgment (Case C-42/13) concerning the request for a preliminary ruling by the Regional Administrative Court (TAR) of Lombardy on the interpretation of Article 45 of Directive 2004/18 / EC on the coordination of procedures for the award of public works contracts, public supply…
In recent weeks the administrative courts of some Italian regions have been called to decide on the following question: whether a regional law that adversely affects regional councillors’ entitlement to life annuity is legitimate, or whether the annuity falls under the so-called “acquired rights”. By means of a regional law (as allowed by Legislative Decree…
The Firm has represented a major transport company in Bologna in delicate legal proceedings concerning public procurements, which ended with the granting of the appeal brought before the Council of State (decision n. 6349 of 22 December 2014). In the specific case, as a result of a procurement procedure based on the most economically advantageous…
The Firm has successfully represented a client before the Regional Administrative Court of Lombardy – Milan in the challenge of the award and of all other acts connected to a procurement of a public corporation based on the lowest price principle. In the present case, the lex specialis of the procurement procedure provided the need…
Zunarelli Law Firm has successfully assisted Ecotaras, the conces-sionaire of pollution prevention and emergency response in the port of Taranto, in a claim before the T.A.R. of Lecce (i.e. the Regional Administrative Court). The T.A.R., by means of a decision issued on July, 24th 2014, upheld the appeal filed by Ecotaras against the decision through…