Firm Profile > Studio Legale Villata, Degli Esposti e Associati > Milan, Italy
Studio Legale Villata, Degli Esposti e Associati Offices
VIA SAN BARNABA, 30
20122 MILAN
Italy
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Studio Legale Villata, Degli Esposti e Associati > The Legal 500 Rankings
Administrative and public law Tier 1
The highly regarded Studio Legale Villata, Degli Esposti e Associati specialises exclusively in administrative and public law. Founding partners, the 'outstanding' Riccardo Villata and the 'excellent' Andreina Degli Esposti, jointly head a team with 'extensive and unparalleled experience', which has developed longstanding relationships with major clients from a wide range of sectors, with particular strengths in energy, finance, healthcare and telecoms. Highlights included assisting energy company Zephyro with public tenders worth €285m. The firm also acts for clients in criminal proceedings. Federico Ianeselli was made up to partner in January 2019 and Laura Sommaruga is also recommended.
Practice head(s):
Testimonials
‘Top-level in terms of response time, business acumen, industry knowledge, appropriateness of advice, strength and depth of team, and value for money.’
‘Undisputed skills combined with a frank and cordial approach‘
‘I would single out Professor Villata, who has always been an outstanding point of reference for every judicial matter, and Mrs Andreina Degli Esposti, who assists us on extra-judicial matters with her excellent instinct and learned perspective.’
‘Equity partners Prof. Villata Riccardo and Avv. Andreina degli Esposti both have considerable competence in the sector; they are extremely competent and therefore provide legal opinions that are always balanced and effective.‘
Key clients
Lloyd’s Italian Office
A4 Holding
Edison
Tamoil Italia
KOS Group
Aria
BNP Paribas
Zephyro
Sirti
Studio Legale Villata, Degli Esposti e Associati > Firm Profile
The firm: Now a leading firm in administrative law, with offices in Milan, Rome and Bologna, Studio 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 : 15Languages
English French SpanishOther
Other offices : Bologna Other offices : RomeStudio Legale Villata, Degli Esposti e Associati > Firm Profile
The firm: Now a leading firm in administrative law, with offices in Milan, Rome and Bologna, Studio 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).
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Administrative | Riccardo Villata | ||
Administrative | Andreina Degli Esposti | ||
Litigation and arbitration | Riccardo Villata | ||
Litigation and arbitration | Andreina Degli Esposti | ||
Building regulations and town planning | Andreina Degli Esposti | ||
Building regulations and town planning | Riccardo Villata | ||
Environment | Riccardo Villata | ||
Environment | Andreina Degli Esposti | ||
Energy and natural resources | Andreina Degli Esposti | ||
Energy and natural resources | Riccardo Villata | ||
Networked public utilities | Riccardo Villata | ||
Networked public utilities | Andreina Degli Esposti | ||
Public tenders | Riccardo Villata | ||
Public tenders | Andreina Degli Esposti | ||
Privatisation and public enterprises | Riccardo Villata | ||
Privatisation and public enterprises | Andreina Degli Esposti | ||
Project financing and financial structures for public bodies | Andreina Degli Esposti | ||
Project financing and financial structures for public bodies | Riccardo Villata | ||
Administrative legal issues arising from M&A operations | Andreina Degli Esposti | ||
Administrative legal issues arising from M&A operations | Riccardo Villata | ||
Regulations of industrial sites | Andreina Degli Esposti | ||
Regulations of industrial sites | Riccardo Villata | ||
Independent authorities | Andreina Degli Esposti | ||
Independent authorities | Riccardo Villata | ||
Commerce | Andreina Degli Esposti | ||
Commerce | Riccardo Villata | ||
Litigation before the Italian Court of Audit (Corte dei Conti) | Andreina Degli Esposti | ||
Litigation before the Italian Court of Audit (Corte dei Conti) | Riccardo Villata | ||
Criminal trials in administrative matters | Riccardo Villata | ||
Criminal trials in administrative matters | Andreina Degli Esposti |
Staff Figures
Number of lawyers : 15Languages
English French SpanishOther
Other offices : Bologna Other offices : MilanDiversity/Community
Studio Legale Villata, Degli Esposti e Associati aims to provide an inclusive, non-discriminatory and supportive culture. We have a very well integrated team: our people vary greatly in background, age and interests, and we continue to flourish by recruiting and developing the finest talent. What defines each and every one of us is our willingness to form part of a tightknit professional community, working together so that we can provide our clients with the best legal services available, to the highest ethical standards.
The firm maintains a strict code of conduct that is fundamental to all its activity. We are particularly vigilant in ensuring that there are no conflicts of interest, meaning that clients can rest assured knowing that we act in a way that puts them first.
At Studio VILDE, whilst we know what we are good at and where our strengths lie – a trait which has led us to become one of the leading firms in Italian public law – we are also aware of which areas are outside our field of expertise and we choose to avoid these accordingly. This ensures that any work done by the firm is carried out swiftly, to the highest of standards.
We also remain very active regarding social issues that we feel strongly about.
Recently, we have successfully assisted the Italian association “Vittime del Dovere ONLUS”, which protects the families of soldiers, police officers and magistrates who have fallen in the fight against criminality.
Moreover, we provide legal assistance to Aldia Cooperativa Sociale, with specific regard to educational institutions that welcome children with disabilities.
Our eagerness to help has gained us a reputation as a firm with a strong moral backbone. When a situation involving these types of social issues comes to our attention, whereby we believe both the concerned party and the community would benefit from our expertise, but is unable to afford it, we step in and offer our services on a pro bono basis.
Our pro bono work also consists of advisory activity in favour among others of the initiative coordinated by Professor Silvio Scarone (University of Milan), involving the implementation of medical projects in Africa.
Our supportive values are also demonstrated by our charity work.
We have been supporting the fight against Rett syndrome for a number of years. The syndrome is a rare non-inherited genetic postnatal neurological disorder that occurs almost exclusively in girls and leads to severe impairments, affecting nearly every aspect of the child’s life: their ability to speak, walk, eat, and even breathe easily. Every year we organise fundraising activities as part of our commitment to the fight against Rett syndrome.
In addition, we have chosen to help the charity Azione Contro la Fame Italia Onlus. This international humanitarian organisation is committed to ending world hunger by saving the lives of malnourished children, providing access to clean drinking water and sustainable solutions to food shortages.
Lastly, it should not be neglected that Riccardo Villata and Andreina Degli Esposti support Paolo Morsellis Interethnos Interplast Italy – 3i ONLUS, a voluntary organisation that operates in underdeveloped countries by providing free reconstructive plastic surgery in favour of both children and adults.
We hold all these charities close to our hearts and endeavour to maintain our ongoing support for them in the future.
Client Testimonials
CLIENT: Claudio Santambrogio
COMPANY/FIRM: F.I.M.P.A. S.p.A. Chief Executive Officer
TESTIMONIAL: Our company operates in the development, management and maintenance of its own real estate.
For years, we have endorsed the professional collaboration of Studio Legale Villata, Degli Esposti e Associati on issues concerning administrative law related to local authorities.
Attorney Andreina Degli Esposti has always assisted and represented us by demonstrating undisputed professional talent denoted by clarity, effectiveness, competence and experience uncommon in this field. She also combines her undoubted skills with a frank and cordial approach.
CLIENT: Alberto Restagno
COMPANY/FIRM: Tamoil Italia S.p.A. – Legal & Insurance Director
TESTIMONIAL: Over the last 20 years, we have had to navigate the complexities of administrative issues, and Studio VILDE have helped us to face every legal problem in an extremely accurate and experienced way.
Professor Villata has always been an outstanding point of reference for every judicial matter, whilst Andreina Degli Esposti has constantly assisted us on extra-judicial matters with her excellent instinctive and learned perspectives.
CLIENT: Daniel Zaza
COMPANY/FIRM: Italian Underwriting S.r.l. Manager Insurance Division
TESTIMONIAL: For the last 20 years, we have had the honour of collaborating with Studio Legale Villata, Degli Esposti e Associati on all matters involving public tenders and administrative law.
Andreina Degli Esposti has provided us with unparalleled service, and when judicial action is needed, Professor Villata is an added advantage.
One of the main strengths of the practitioners is their outstanding performance, dedication and dynamic approach to solutions.
We really appreciate the assistance VILDE have given us, as it has often come whilst dealing with sensitive issues.
CLIENT: Greta Brambilla
COMPANY/FIRM: Edison S.p.A. EDF Group – Senior Counsel (Corporate & Renewable Energy Real Estate & Environmental Remediation)
TESTIMONIAL: The Studio Legale Villata, Degli Es
posti e Associati of Milan is one of the most Edisons appreciated advisers. We have been working together for more than ten years and we have always received an excellent service with reference to administrative law concerning litigations on environmental issues.
These topics are very important for Edison both for an economic reason and liability.
Environmental law in Italy involves not only administrative law but also criminal and civil law. In particular, Prof. Villata, the founder of the Studio, has a unique competence in those different branches regarding environmental issues and this, for a company is really precious.
In addition to this, Avvocato Andreina Degli Esposti provides a very good service in every way: rapid response times, business oriented, giving always appropriate advice.
For our experience we can say that the Studio Legale Villata, Degli Esposti e Associati is one of the best law firms in Italy.
CLIENT: Giovanna Bassi
COMPANY/FIRM: Compass S.p.A. Compass Group Head of Legal Department
TESTIMONIAL: I would like to express my thanks to the Studio for the great support they have given us in all the judicial and extra-judicial cases in which my company has been involved.
Riccardo Villata and Andreina Degli Esposti are both excellent lawyers with a great ability to be straight to the point, and both with acumen and quick understanding of issues relating to business.
We had total success in all our judicial cases.
CLIENT: Nicoletta Andreotti
COMPANY/FIRM: Lloyds Italian Office – Head of Legal & Compliance
TESTIMONIAL: Both partners of Studio VILDE really stand out from the legal crowd. Professor Villata and Andreina Degli Esposti are regularly considered the top lawyers in their specific practice area, but what truly distinguishes them is their great reputation and influence within the legal world. Their understanding of Lloyds, their legal pedigree, their broad knowledge of public law, their negotiating skills and their experience prove that they are more than just lawyers.
We can say that this law firm has made the history of Lloyds in Italy, for example, when VILDE successfully represented our company before the European Court of Justice in a proceeding of paramount importance for Lloyds business in Italy.
CLIENT: Alessandro Contini
COMPANY/FIRM: Kos Care Kosgroup Regional Director
TESTIMONIAL: Our company is part of the public-private healthcare business in Italy and we have been working with VILDE for several years.
VILDE is the firm we refer to when dealing with investigations and in-depth analysis of applicable laws and regulations, especially when facing lawsuits and litigations that require accurate judicial review to defend our company.
Andreina Degli Esposti is our point of reference within the firm. She offers farsighted solutions and a great perspective to matters beyond merely legal ones, which helps us to formulate long-term strategies. VILDEs team of lawyers is always ready to offer innovative and proactive solutions.
Interviews
Andreina Degli Esposti, Founding Partner
What do you see as the main points that differentiate [law firm name] from your competitors?
The personalised and empathetic approach with respect to clients who submit their needs to VILDE, aspects that are conducive to an in depth-analysis of the thematic areas in order to identify the best possible solutions.
Which practices do you see growing in the next 12 months? What are the drivers behind that?
In particular, the telecommunications sector. The extrajudicial activity regarding the public profiles of corporate actions, thanks to the growing interaction of the Law Firm VILDE with Italian and foreign Law Firms (especially English) and the increasing number of foreign clients who directly address the Firm.
What’s the main change you’ve made in the firm that will benefit clients?
The level of client satisfaction – consolidated over time – has meant that the Firm prefers to maintain the fixed features that characterise it.
Is technology changing the way you interact with your clients, and the services you can provide them?
For some time now the Firm has used and made available to its clients the usual IT systems that facilitate the development of the legal profession. This aspect has seen an increase in services to the public administration, especially related to invoicing.
Can you give us a practical example of how you have helped a client to add value to their business?
Thanks to the success obtained in court proceedings before the administrative courts, a major telecommunications company on a national scale was able to continue operating its activity.
Are clients looking for stability and strategic direction from their law firms – where do you see the firm in three years’ time?
I hope to be here in three years’ time (fingers crossed!) to see my Firm rooted and further consolidated thanks to the commitment from the current collaborators and partners, and the others that will be selected in the future.
Press Releases
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
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.