Osborne Clarke successfully advised the temporary joint venture formed between Intercomp S.p.A. and S.I.S. Segnaletica Industriale Stradale S.r.l., in the ambit of complex proceedings before the Regional Administrative Court of Venice relating to the contract for the supply and installation of a technological system for the management of parking, in the Municipality of Treviso, valued in excess of € 5 million
In particular, the Veneto Regional Administrative Court by means of ruling no. 513 of 18 March 2024, upheld the objections raised by the above-mentioned temporary joint venture and set forth important principles of law. Specifically, the Court stated that the proven falsity of a document submitted by a successful bidder during the Administration's verification of the anomaly of its economic offer constitutes the exclusionary ground of "grave professional misconduct" pursuant to art. 80, paragraph 5, letter c-bis), of Legislative Decree no. 50/2016. This is because said proven falsity of a document is clearly capable of affecting the assessments of the Administration on the sustainability-reliability of the successful bidder's offer.
Moreover, in accordance with the jurisprudential principle of the so-called "one shot temperato" – according to which the Administration, when re-exercising its assessment power, may do so only once (in the specific case, the Municipality of Treviso unlawfully re-exercised its assessment power to verify the sustainability-reliability of the successful bidder's offer) –, the Court ordered the Municipality to rerun the tender procedure, excluding the successful bidder, given that it had submitted a false document to the Administration, and, therefore, awarding the contract in favour of the applicant temporary joint venture.
Osborne Clarke's team was led by partner Giorgio Lezzi, with associate Federico Milani and trainee Laura Armellotti.
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