Tonucci & Partners, with the administrative Law team coordinated by partner Alberto Fantini and made up of partner Luca Spaziani and the associate Giuseppe De Gregorio, successfully assisted Anagni Municipality before TAR Lazio, Latina, in a dispute concerning the extraordinary maintenance works regarding sports facility located in the same Municipality. The applicant contested that the successful bidder failed to declare in the tendering procedure an alleged “serious professional misconduct” pursuant to Article 80 (5), lett. (c) of Code of Contracts, namely a pending action for an injunction, brought by the operator itself against the same municipality. By a decision which lays down significant legal principles in case law, the Court ruled that a civil litigation, initiated by the operator, cannot be deemed as a serious professional misconduct, therefore stating that there was no declaratory obligation by the successful bidder with respect to the pending proceedings in question.
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