Studio Legale VILDE > Milan, Italy > Firm Profile
Studio Legale VILDE Offices
VIA SAN BARNABA, 30
20122 MILAN
Italy
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Studio Legale VILDE > The Legal 500 Rankings
Italy > Administrative and public law Tier 1
Studio Legale VILDE maintains a leading position in the Italian market, where it provides comprehensive advice on a wide array of areas, spanning public tenders, town planning, regulation and environmental law matters. It is active in a range of sectors, including energy, healthcare, sport and telecoms, with a particular focus on waste projects. The team led by Riccardo Villata and Andreina Degli Esposti is routinely involved in litigation work, representing clients before the administrative, civil and criminal courts in matters related to public tenders, tender procedures, PPPs and urban regeneration. Some of Villata’s and Degli Esposti’s recent highlights include public procurement work in energy services as well as litigation proceedings in the health sector, and soil remediation matters. Angela Sarli is another key contact in the field of urban planning and construction. Energy and environment sectors expert Irene Bonifaccio and sports law specialist Riccardo Bovo are also recommended.Practice head(s):
Riccardo Villata; Andreina Degli Esposti
Other key lawyers:
Testimonials
‘The VILDE law firm has consistently demonstrated a profound and comprehensive understanding of administrative and public law, setting them apart as one of the most knowledgeable and respected practitioners in this field. Their diligence and attention to detail are unparalleled.’
‘Andreina Degli Esposti is one of the most esteemed experts in litigation, with a proven track record in both national and international proceedings.’
‘The firm constitutes a point of reference for environmental law throughout the national territory. The team is made up of trained professionals who are punctual in meeting deadlines.’
‘Riccardo Villata is the leading expert in environmental law, both in the management of administrative litigation and in the management of relationships with the Public Administrations involved in administrative environmental proceedings. Degli Esposti is an excellent professional: fast, efficient and capable of quickly dealing with complex legal situations.’
‘The firm is absolutely outstanding and offers top level services with excellent competence, responsiveness and unparalleled experience as well as extraordinary value for money.’
‘Unrivalled Riccardo Villata is the epitome of competence, business judgement, elegance and responsiveness at their maximum expression. Excellent Andreina Degli Esposti provides brilliant legal advices with business acumen and innovative solutions.’
‘Riccardo Villata and Andreina Degli Esposti have always assisted and represented us with effective and significant competence and professionalism, also expressing their experience and expertise with frankness and friendliness.’
‘Riccardo Villata has an extraordinary experience in public law and litigation, accompanied by a wide knowledge of the Italian administrative sector. Andreina Degli Esposti is a fantastic lawyer, with a great knowledge of the law, and the ability to understand and empathise with the client.’
Key clients
3emme Evolution s.r.l.
ADOE, Associazione degli Osteopati Esclusivi
Aldia Cooperativa Sociale
Ambire s.r.l.
Amtrust Assicurazioni s.p.a. (Amtrust Group)
Anafibj National Breeders Association
Antin Infrastructure Partners
ASSTRA Associazione Trasporti
Autogrill s.p.a.
Banca Farmafactoring s.p.a.
Biomed (Althea Italia s.p.a.)
Biomed Consulting s.r.l.
Biosonic s.r.l.
BNP Paribas
BorgWarner Inc.
Bosco Ticino s.r.l.
Carlo Gavazzi Automation s.p.a.
Casinò Della Vallée
Certosa Energie S.R.L.
Ciclat Trasporti Ambiente Soc. Coop.
Cloud HQ
Comaco s.p.a.
Compass Group Italia s.p.a.
Consonni Strade
Cubico Sustainable Investment
Edison Next Government
Edison Next s.p.a.
Edison s.p.a.
Energy Power s.r.l.
Enershare Hub s.r.l.
Ferrari Ennio e Piero SA
Fimpa s.p.a.
Finedi Asset Management s.r.l.
Fondazione CEUR
Fondazione Fiera Milano
Fondazione Pomeriggi Musicali
Fondazione Terre Des Hommes Italia
Generale du Soleil
Global Infrastructure Partners
Gornati et al.
Green Farm s.r.l.
HSBC Holdings plc
Il Cerchio Mgs s.r.l.
Immobiliare Studio Ametista
Imprese Finanziarie s.r.l.
Invacare Mec San s.r.l.
Kos Care S.R.L. (Kos Group)
La Valle Verde s.r.l.
Life Analytics s.r.l.
Lloyd’s Insurance Company S.A.
Lloyd’s of London
Macquarie Asset Management
Stefano Maldifassi
Mithras Underwriting Italia s.r.l.
Mundipharma Pharmaceutical s.r.l.
Municipality of Baranzate
Municipality of Bareggio
Municipality of Caponago
Municipality of Castellanza
Municipality of Lanzada
Municipality of Cusano Milanino
Municipality of Follonica
Municipality of Gallarate
Municipality of Lodi
Municipality of Lovere
Municipality of Meda
Municipality of Molteno
Municipality of San Donato Milanese
Municipality of Tirano
Municipality of Valdisotto
Municipality of Vizzolo Predabissi
Namibia Ambassy
Namira Sgr
National Council of Notaries
Open Fiber s.p.a.
Österreichische Bundesbahnen – ÖBB
Polaris s.r.l.
Pro-Gest s.p.a.
Profili s.r.l.
Province of Bergamo
Province of Monza
Province of Sondrio
Rimmo s.r.l.
Savi Laboratori
SEA Società Servizi Aeroportruali
Seda s.p.a.
Sermetra Holding
Servizi Logistici s.r.l.
Sincronis Medical
Sirti s.p.a.
SPEA Engineering s.p.a.
Supernap Italia s.r.l.
Suzzara Hospital
Tamoil Italia s.p.a.
Tamoil Raffinazione s.p.a.
TCVVV s.p.a.
TIER Mobility s.e.
Tigros s.p.a.
Tiscali s.p.a.
Università Commerciale Luigi Bocconi
Vento Mobility s.r.l.
Veolia WTS Italy s.r.l.
Villa Fiammetta RSA
White Lab s.p.a.
X3 CNG Italia s.r.l.
Xoldy S.P.A.
Work highlights
- Assisted SEA in administrative law matters related to the implementation of a “vertiport” network in Milan and Lombardy.
- Assisted Lloyd’s Insurance Company in drafting an adjourned version of the operational manual for tender procedures in Italy to be used by LlC.
- Assisted Namira, as the management company of the investment fund “Ukhast”, in the realisation of a 240MW technological site in Magenta.
Studio Legale VILDE > Firm Profile
The firm: A leading firm in administrative law, with offices in Milan, Rome, Bologna, Padua and Sondrio, Studio Legale VILDE was established in 1999, a merger of the studios of Avv Prof Riccardo Villata and Avv Andreina Degli Esposti. The firm’s practice covers a variety of areas – from infrastructure and oil and gas projects to public utilities and environmental law – while its extensive judicial and extra judicial experience has enabled it to become a key consultancy structure.
The Italian legal system is seeing the administrative and civil law sectors become increasingly interlinked, an aspect that Studio Vilde embraces also, working with large multinational companies on matters involving corporate and financial law. The firm thrives within the constantly evolving legal environment due to its ability to adapt and the fact that it is always up to date with the latest changes. Added to this, on account of its dynamic structure – with its various offices – the firm is always able to respond promptly to all its clients’ needs.
Areas of practice: The firm’s practice covers all areas of public law. It specialises predominantly in:
Litigation: the firm’s main practice area is litigation. Its partners regularly represent clients before the administrative courts and the firm has extensive experience in procedures before the Italian Court of Audit. This excellent litigation practice has allowed the firm to strengthen its expertise in non-contentious matters across all areas of public law.
Environment: the firm boasts an unrivalled combination of comprehensive and experienced practice in both the remediation and waste sectors, along with an exceptional legal service in criminal law, litigations (before administrative or civil courts) and the structuring of complex transactions.
Energy: the firm primarily assists the principal Italian companies in the energy sector on the following matters: exploration, production, storage and distribution of natural gas; power generation (including renewable sources, cogeneration and waste-to-energy) and distribution; and the storage and distribution of oil.
Oil and gas: the firm assists major companies operating in the Italian oil and gas sectors in (i) the regulation process under Italian authorities; (ii) the acquisition of concessions and administrative permits; and (iii) litigation.
Waste: the firm advises the principal companies in the waste market.
Privatisation: the firm has developed widespread expertise in both privatisations and financial transactions with public bodies, as well as in highly specialised sectors, such as the gaming industry.
Public utilities: the firm’s partners are widely recognised as the leading Italian experts in public utilities. The firm provides clients with (i) influential opinions and advice; (ii) litigation expertise; and (iii) assistance with the structuring, documentation and completion of complex transactions.
Infrastructure: the firm represents clients in tender procedures or in the implementation of public contracts.
Malls and stores: within this sector, the firm’s practice has extensively covered litigations and transactions with local public bodies (municipalities and regional governments).
Staff Figures
Number of lawyers : 22Languages
English FrenchOther
Other offices : Rome Other offices : Sondrio Other offices : Bologna Other offices : PaduaInternational Capabilities
Counting on a team of individuals with an international vocation, selected also based on linguistic knowledge, VILDE provides constant assistance to clients based in foreign countries including the USA, the Netherlands, Switzerland, Canada, France, Czech Republic, Belgium, UK, Austria and Hong Kong.
Among many others, VILDE has supported leading companies specialized in:
- oil and gas
- medical technology
- manufacturer of public transport vehicles
- asset management firms
- suppliers of institutional capital to the global energy industry
- temperature monitoring and tamper-proof locking systems
- manufacture of devices for non-domestic liquid and gas purification and filtering
- worldwide insurance global services to businesses and public administrations
The Firm is in contact with members of the International Bar Association and other various international networking groups.
Interviews
Andreina Degli Esposti, Lawyer – Founding Partner
Founding Partner of Studio Legale Villata, Degli Esposti e Associati, Andreina Degli Esposti explains how the firm is adapting to clients’ changing needs. What do you see as the main points that differentiate VILDE Law Firm from your competitors?
Describing VILDE – Villata, Degli Esposti e Associati law firm as a legal ‘boutique’, would not give the idea of the true nature of our law Firm, that proudly preserves a traditional spirit, but has also a strong proclivity to every form of improvement and innovation.
VILDE is highly specialized in various areas of administrative law: real estate, construction, urban planning, public procurement, health and pharmaceutical law, environmental law, energy, oil and gas, telecommunications and sports law.
This is the reason why, unlike other firms, we can provide legal advice and assistance in all areas of public law and, above all, we can do it with a high degree of specialization in relation to each sector, dealing also – as it happens very often – with very complex cases, producing excellent results and identifying the best possible solutions for our clients. This thanks to the firm’s team composed of several professionals who speak different languages (English, French, German…).
Which practices do you see growing in the next 12 months? What are the drivers behind that?
The areas that we believe will grow the most in the next 12 months and will also be affected by the European funding National Recovery and Resilience Plan (‘Piano Nazionale di Ripresa e Resilienza’ – PNRR) are those relating to healthcare, telecommunications (with the creation of ultra-broadband and 5G), energy (to increase production from ‘renewable energy sources’ – RES – and the development of the electricity transmission network) and, last but not least, to the building and construction sector (aimed at increasing the recovery, regeneration and renovation of buildings and urban areas).
What’s the main change you’ve made in the firm that will benefit clients?
The pandemic crisis has also led in the legal sector – as in the others – to significant changes, which have consequently led to legal services being exclusively online. Therefore, we can say that from a technical point of view VILDE has updated all its systems, without suffering limitations regarding the services provided, under every profile: consultancy, judicial activity, webinar. With regard to the last one, the Firm has further implemented its research and publication activity on professional social networks and specialized magazines.
Furthermore, we remind you that in recent years, VILDE has opened new offices (e.g. such as that of Padua), has changed the Bologna office (with the transfer to a more central, prestigious and significant location), also implementing the different offices in Milan, Bologna and Padua with the recruitment of new staff. This therefore allows us to be closer to our clients, with a greater presence and knowledge of the territory where they operate.
Finally, we are happy to be able to confirm that the improvement to a more transparent and faster billing system, which had already been implemented last year, has produced excellent results.
Is technology changing the way you interact with your clients, and the services you can provide them?
In 2020, it was necessary for everyone to adapt to a new way of organizing the work that would be normally carried out in the Firm, but above all to a different and new management of the relationship with the clients
On the one hand, technology has made the relationship with the clients more complicated, but on the other it has certainly made it faster and more immediate.
In this last regard, we are very happy to illustrate that following an analysis conducted on our clients, we have verified a very high degree of satisfaction regarding the management of their activities. In fact, the team of twenty people of the firm has always been at the customer’s disposal in every way and without particular time limits: through video calls and sharing of documents, preparation of webinars concerning in-depth analysis relating to the customer’s subject of interest and greater care of professional social networks to allow constant updating.
Can you give us a practical example of how you have helped a client to add value to their business?
Vilde constantly offers reliable help in developing the business of its clients both in cases where we deal with judicial activities, and the extrajudicial one.
We therefore believe it is appropriate to provide three specific examples regarding three different types of activities offered to our clients (judicial, out-of-court consultancy, due diligence activities).
VILDE has recently achieved an important success in court before the Council of State which issued a judgment favorable to our client. The judge’s decision therefore allowed one of our long-standing clients to participate in a tender procedure announced by the Veneto Region, for the award through public procurement of the management of systems for regional health companies, for a total value of 1.5 billion Euros. We deem relevant also to underline the criminal/administrative judicial activity in defense of our customers.
VILDE Law Frim has recently given a “pro veritate” opinion on environmental law for a leading European company in filtering systems, that is the owner of a polluted plot of land. Through the aforementioned opinion, very concrete and operational indications were provided in order to allow the company to sell the land (albeit polluted) to another company, therefore allowing to enhance the client’s real estate assets.
Our Law Firm is also responsible for due diligence activities for an important real estate fund that intends to acquire more than 50 properties in Italy. The due diligence activity including the strengths and weaknesses, conformity and discrepancies of each property are detected, from a building-urban planning, environmental, safety point of view, etc. It is an activity that has allowed the Client to create a valid and solid offer to submit to the seller for the purpose of acquiring all the properties.
Are clients looking for stability and strategic direction from their law firms – where do you see the firm in three years’ time?
The above examples show that VILDE is the reference point for its clients. In fact, the verification of the correctness of the procedures, the acts and the measures underlying the market operations that the Client wants to undertake are continuously requested. Similarly, the request for verification of the correctness of the company’s internal procedures is frequent, and this means that the company can guarantee a certain stability on the market and prove to be reliable to its stakeholders or shareholders.
I hope to see my Firm rooted and consoliding its leadership position in the ‘hystoric’ sectors we deal with, like health care, environmental, urban planning, telecommunication, oil and gas, building and construction and confirming its presence in the new sectors in which we’ve been working in the more recent years, like sports law, biomedical law and last but not the least, in the new concept of building and construction related to the real estate operations.
Press Releases
Conference of presentation of the writings in honour of Professor Riccardo Villata at the University of Studies of Milan
4th January 2022 On 17 December at 2.30 p.m. a conference will be held at the University of Studies of Milan to present the "Scritti di diritto processuale amministrativo dedicati a Riccardo Villata" (Writings on administrative procedural law dedicated to Riccardo Villata), fifty years after the publication of “L'esecuzione delle decisioni del Consiglio di Stato" (The enforcement of decisions of the Council of State) by Professor Riccardo Villata.Forthcoming Article By Riccardo Villata In “rivista Di Diritto Processuale Amministrativo”
6th March 2019The article is a further contribution to an ongoing debate on jurisdiction in which Riccardo Villata provides, amongst other interpretations, an insight into the constitutional system resulting from Articles 103 and 113 of the Italian Constitution.
Forthcoming Article By Professor Villata
21st February 2018Studio Legale Villata, Degli Esposti e Associati is pleased to announce the forthcoming publication of Professor Villata’s latest article.
The work, In tema di questioni di giurisdizione (alla luce di un recente Momorandum), explores questions of jurisdiction following the recent Memorandum from the heads of the three jurisdictions (ordinary, administrative and accounting) addressed to the President of the Italian Republic.
Andreina Degli Esposti’s Contribution To The Volume “the Energy Regulation And Markets Review”
5th October 2017ANDREINA DEGLI ESPOSTI’S CONTRIBUTION TO THE NEWLY RELEASED SIXTH EDITION OF THE VOLUME “THE ENERGY REGULATION AND MARKETS REVIEW”
Forthcoming Volume On The Reform Of The Public Procurement Code Coordinated By Professor Villata
26th April 2017Studio Legale Villata, Degli Esposti e Associati is pleased to announce the forthcoming publication of a volume on the reform of the Italian Public Procurement Code. A number of experts in Administrative and Public Law will contribute to the work, which is coordinated by Professor Villata.
Professor Villata’s Forthcoming Article On The Jurisdiction Of Administrative Courts
3rd February 2017Studio Legale Villata, Degli Esposti e Associati is pleased to announce the imminent publication of Professor Villata’s latest article, which explores the extent of, and the limits to, the jurisdiction of Italian Administrative Tribunals.
Legal Developments
ON THE CONSTITUTIONAL LEGITIMACY OF A FIXED ADMINISTRATIVE SANCTION TO PROTECT THE NAMES OF ORIGIN OF AGRICULTURAL AND FOOD PRODUCTS.
28th March 2023 Constitutional court, March 10, 2023, no. 40 In this ruling, the Italian Constitutional Court assessed the constitutionality of administrative sanctions imposed for violations of rules protecting products with designation of origin (DOP) and geographical indication (IGP). Specifically, the Court declared the unconstitutionality of Article 4, paragraph 1, first sentence, of Legislative Decree No. 297 of November 19th, 2004, insofar as it provided for a fixed pecuniary administrative sanction of “50,000 euros”, instead of a range "from a minimum of 10,000 to a maximum of 50,000 euros."SUBCONTRACTING: THE RELEVANT DISCIPLINE BETWEEN THE ITALIAN REGULATION AND THE EUROPEAN FRAMEWORK.
7th February 2023 According to Art. 105, par. 1, of Legislative Decree n. 50/2016 (Public Procurement Code – “Code”) the awarded operator (also “Operator”) shall directly perform the works, the services and the supplies under the agreement, and neither the contract nor the execution of its obligations can be transferred to third parties shall the (strict) requirements under Art. 105 not be met.Gender equality in public contract
20th July 2022-
GENDER EQUALITY IN THE LEGISLATIVE DECREE 18th APRILE 2016 NO. 50 (PUBLIC CONTRACTS CODE)
ON THE LEGISLATIVE EXTENSION OF CONCESSIONS FOR MARITIME TOURISM AND RECREATIONAL PURPOSES
4th January 2022 Council of State, Plenary Assembly, 9 November 2021, nos. 17 and 18WHEN IS IT POSSIBLE TO ASK FOR THE REPLACEMENT OF THE DEMOLITION SANCTION WITH A PECUNIARY SANCTION?
19th March 2021COUNCIL OF STATE, SECTION 2, 17 FEBRUARY 2021 NO. 1452
The judgment in question, while stating that the construction of new buildings without a building permit always entails the imposition of a restorative sanction, according to the article 31 of Presidential Decree 380 of 2001, also recalls that the possibility of replacing the demolition sanction with a pecuniary sanction - provided for by article 34 of Presidential Decree 380 of 2001 - must be assessed by the competent Administration during the executive phase of the proceedings, which is subsequent and autonomous with respect to the demolition order; an executive phase in which the parties may argue that the stability of the building is at risk, which is the basis for the application of the pecuniary penalty instead of the demolition penalty, with the result that such assessment is not relevant for the purposes of the legitimacy of the demolition order.
THE ROLE OF RECOGNIZED ORGANIZATIONS IN THE CLASSIFICATION AND CERTIFICATION OF VESSELS
20th August 2020The Court of Justice of the European Union addressed, in the judgment of 7 May 2020, case C-641/18, LG v. Ente Registro Italiano Navale and others (ECLI: EU: C: 2020: 349), the question about the nature classification and legal certification of ships performed by private entities on behalf of the States. The ultimate addressees of the obligation established under article 94 of the UN Convention on the Law of the Sea and under the International Convention for the Safety of Life at Sea or SOLAS Convention (respectively approved in Montego Bay on 10 December 1982 and in London on 1 September 1974, both ratified by all Member States) to adopt all necessary measures in order to safeguard safety at sea, are indeed the States, more particularly by making sure that vessels flying their flag are designed, built, and maintained according to structural, mechanical and electric prescriptions either established by a classification society recognized by national authorities or in accordance with the applicable national legislation providing for an equivalent level of safety.
CGUE C-395/18: on the automatic exclusion of the subcontractor without the requirements
24th March 2020 With the sentence dated the 30th of January 2020, the European Court of Justice was called to comment on the provision of the Public Contracts Code which contains the automatic exclusion of the competitor for the tender, which indicated a subcontractor then found to be without the requirements.The end of waste after Sblocca cantieri e Salva imprese Decrees
13th December 2019 By implementing the European legislation, Legislative Decree 152/2006 (so-called‘Environment Code’) enabled the Italian law to take a firm step towards a circular economy model, alsoregulating – through Article 184ter -the theme of end of waste.EUROPEAN RULES ON DATA PROTECTION IMPACT ASSESSMENT (“DPIA”)
13th November 2019 1. Overview In the context of the protection of natural persons with regards to the processing of personal data, Article 25 of Regulation EU/2016/679 (General Data Protection Regulation or “GDPR”) sets up the Data Protection Impact Assessment (“DPIA”) in pursuit of GDPR’s aims through a risk-based approach.Italian “single Environmental Authorisation”
6th September 2019European and Italian rules on Fluorinated gases
13th June 20191. Overview
In pursuit of the environmental aims set by Kyoto Protocol (COP3, 1997), the European Union has taken several measures in order to reduce gas emissions causing the global greenhouse effect. Among these gases, the most important are Carbon Dioxide (CO2), Methane (CH4), Nitrous Oxide (N2O) and the Fluorinated gases (“F-gases”), which are Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), Sulfur Hexafluoride (SF6) and Nitrogen Trifluoride (NF3).
With respect to “F-gases”, the European Union firstly enacted Regulation No. 842/2006, which was implemented by Italy through Presidential Decree n. 43 of 2012 (in relation to general rules) and Legislative Decree n. 26 of 2013 (in relation to sanctions). Afterwards, the EU enacted Regulation No. 517/2014, which abrogates the Regulation introduced in 2006 - in effect since January 1st 2015. Recently, Italy implemented the European act through Presidential Decree n. 146 of 2018.
Confiscation Under Art. 44 Of The Italian Construction Code And Protection Of Third Parties
18th April 2019The confiscation measure examined in this essay is provided for in Article 44 § 2 of Presidential Decree no. 380/2001 (hereinafter, “Construction Code”), under the heading “Criminal sanctions”. Article 44 § 2 states: “In a final judgement establishing that there has been unlawful site development, the criminal court shall order the confiscation of the unlawfully developed land and the illegally erected buildings. Following the confiscation, the land shall pass into the estate of the municipality on whose territory the site development has been carried out. The final judgement shall constitute a document of title for immediate entry in the land register”.
Public Procurement In Italy: New Rules In Respect Of Grave Professional Misconduct
10th April 2019In 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.
Environmental Liability: Does Land Ownership Imply An Obligation To Restore A Contaminated Area?
12th March 2019A 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.
Temporary Association Of Companies And The Competitive Market
1st February 2019The 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.
Evolution of the IPPC release on the basis of BAT conclusions
22nd January 2019The 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.
The Public Administration Electronic Market: the future of public procurement
6th March 2018
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.
The Amendments Of The Decennial Posthumous Insurance In The New Code Of Public Contracts
11th January 2018The Article n. 103 of the new Code of Public Contracts - Legislative Decree n. 50/2016, most recently amended by the Legislative Decree n. 56/2017 - provides assurances for the execution of the public contract - the so called final assurance -, issued by the contractor. In particular, paragraph 8 regulates the decennial posthumous insurance, also provided by the Art. 1669 of the Italian Civil Code.
Golden powers: a new set of special powers for the Italian Government
31st October 2017The 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.
Renewable Energy and Conservation – Overview
10th October 2017The article concerns the regulation of the Renewable Energy Market in Italy, providing a brief overview on the matter at hand.
Liberalisation Of The Gas Distribution Service: An Uphill Struggle?
2nd May 2017The 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.
After stating the public service nature of the distribution activity, Article 14 of the aforementioned Decree regulates the procedure for awarding it through mandatory public tenders launched by Local Entities. Within a gas distribution market qualified as a natural monopoly, the choice for tender procedures is directed at ensuring competition between different companies (in order to earn benefits in terms of efficiency, quality of the service and more reasonable prices for the end-consumers).
New Rules on Public Procurement: A Stronger Stance for “Greener” Public Contracts
1st February 2017With 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.
The Madia Act On Public Companies: An Overview
16th November 2016
It is estimated that there are
about 8,000 companies in Italy whose capital is owned by public administrations
(State, Regions, Provinces, Municipalities, etc.…).
Ultimately, the need for spending
review has led the Italian Government to intervene (again) in this sector of
the Public Administration, by issuing Legislative Decree No. 175/2016 (“the
Decree”), which follows other reforms promoted by Minister Marianna Madia pursuant
to Law No. 124/2015.
The Decree aims at regulating
the participation of public administrations in the share capital of companies, in
order to rationalize the number of public companies and make sure that they are
duly managed.
- Administrative and public law