The Legal 500

Legal Developments in Italy

• PUBLIC PROCUREMENT IN ITALY: NEW RULES IN RESPECT OF GRAVE PROFESSIONAL MISCONDUCT

  In Italy, the “Public Contracts Code” (Legislative Decree No. 50/2016) pays particular attention to the integrity and reliability of the potential public tender contractor. The Code specifies a series of cases in which an economic operator must be excluded from the participation of a call for tender as it has been found guilty of grave professional misconduct in its execution of previous public contracts.
  - Villata, Degli Esposti e Associati

• ENVIRONMENTAL LIABILITY: DOES LAND OWNERSHIP IMPLY AN OBLIGATION TO RESTORE A CONTAMINATED AREA?

  A recent judgement delivered by the Administrative Court of Brescia (No. 964/2018) clarified uncertainty on the responsibility of decontaminating a polluted area, specifically enquiring the relationship between ownership and decontamination. 
  - Villata, Degli Esposti e Associati

• TEMPORARY ASSOCIATION OF COMPANIES AND THE COMPETITIVE MARKET

  The Italian legal system, being in line with European law, provides for the institution of an RTI – a temporary association of companies (raggruppamento temporaneo di imprese) - (hereinafter, “RTI”). Under this institution, a company that lacks the necessary economic and/or technical requisites called for by the commissioning body in a specific public procurement procedure joins with another company in order to broaden its requisite qualifications laid down by the tender.
  - Villata, Degli Esposti e Associati

• Evolution of the IPPC release on the basis of BAT conclusions

  The IPPC (Integrated Pollution Prevention and Control) is an administrative act which is required by State authorities to allow an emission plant to operate. Initially conceived by the European Union (Directive 96/61/CE), every Member State later implemented national environmental legislation with the aim of reducing their emissions in compliance with EU legal parameters. 
  - Villata, Degli Esposti e Associati

• The Public Administration Electronic Market: the future of public procurement

  The Public Administration Electronic Market is a digital marketplace, created in 2002 and managed by Consip S.p.A., the Italian central purchasing body, on behalf of the Ministry of the Economy and Finance. Through the Ministry, registered authorities can purchase goods and services offered by suppliers that have been vetted and authorised to post their catalogues on the system for values below the European threshold.
  - Villata, Degli Esposti e Associati

• Golden powers: a new set of special powers for the Italian Government

  The Law Decree No. 21 of 15 March 2012, converted by Law No. 56 of 11 May 2012, introduced a new set of special powers for the Italian Government in relation to strategic sectors such as defence and national security, energy, transport and communications.
  - Villata, Degli Esposti e Associati

• Renewable Energy and Conservation - Overview

  The article concerns the regulation of the Renewable Energy Market in Italy, providing a brief overview on the matter at hand. 
  - Villata, Degli Esposti e Associati

• LIBERALISATION OF THE GAS DISTRIBUTION SERVICE: AN UPHILL STRUGGLE?

  The Legislative Decree No. 164/2000 (also known as “Letta Decree ”) qualifies the natural-gas distribution activity as a public service. This qualification derives from the aim of natural-gas distribution to meet the needs of the community, by ensuring the equal access to the gas grid (so-called “third party access ”), the continuity and the quality of the service.
  - Villata, Degli Esposti e Associati

• New Rules on Public Procurement: A Stronger Stance for “Greener” Public Contracts

  With Legislative Decree No. 50/2016 (the so-called “Public Procurement Code”, hereinafter “PPC” or “the Code”) Italy implemented the EU Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, concerning, respectively: (i) the award of concession contracts; (ii) public procurement; and (iii) procurement by entities operating in the water, energy, transport and postal services sectors. The PPC, by repealing the 2006 Code on public procurement (Legislative Decree No. 163/2006), reorganised the pre-existing Italian legislation on public contracts relating to public works, services and supplies.
  - Villata, Degli Esposti e Associati

• THE MADIA ACT ON PUBLIC COMPANIES: AN OVERVIEW

  It is estimated that there are about 8,000 companies in Italy whose capital is owned by public administrations (State, Regions, Provinces, Municipalities, etc.…).
  - Villata, Degli Esposti e Associati