The Legal 500

Legal Developments in Italy

• ITALIAN RULES ON JOINT VENTURES IN PUBLIC PROCUREMENT AND CONCESSIONS

  Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair prices. In this context, public procurementand concessions represent key instruments that need to be regulated and standardisedin order to ensure free movement of goods, freedom of establishment and freedomto provide services.
  - Villata, Degli Esposti e Associati

• European and Italian rules on Fluorinated gases

  1. Overview 
  - Villata, Degli Esposti e Associati

• CONFISCATION UNDER ART. 44 OF THE ITALIAN CONSTRUCTION CODE AND PROTECTION OF THIRD PARTIES

  The 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 ”.
  - Villata, Degli Esposti e Associati

• 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