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10 November 2017
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Project Finance, Regional Administrative Court of Trento, Section One, judgment no. 53 of 16 February 2017, ascertaining the pre-contractual and procedural liability for the withdrawal of the tendering procedure and damages

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Passim The Regional Court was asked to ascertain the pre-contractual and procedural responsibility for the withdrawal of the contract award procedure, through the use of project finance, of the contract for final and executive design, construction and the subsequent management , consequently condemning the “omission” to pay what was due for damages or, subordinately, as compensation under art. 21-quinquies of Law n. 241/1990, upon annulment, where appropriate, management determination no. The Board notes that the revocation orders are typical acts of a discretionary nature and that the discretion of the Administration in the adoption of measures of the species is even wider...

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09 November 2017
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Administrative Law and Energy, Unions of the Supreme Court of Cassation, the exclusive jurisdiction of the Administrative Judge

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The United Sections, by deciding the corresponding regulation, by Ordinance no. 10409 of 27/04/2017 affirmed the existence of the exclusive jurisdiction of the Administrative Judge, ex art. 133, paragraph 1, lett. c), c., in relation to disputes relating to the legitimacy, or not, of retroactivity, which can be derived from the combined provisions of Art. 4, paragraphs 1 and 8, paragraph 1, of the d. 6 February 2006, on the abolition of the Istat update of the incentive tariffs for electricity produced from renewable sources, as provided by d.m. 28 July 2005, even if requested before the first of those...

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09 November 2017
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Banking Law, Supreme Court of Cassation

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usurper interests - global effective rate - maximum uncovered commission - The 1st Civil Section of the Supreme Court of Cassation with interlocutory order no. 15188 of 20/06/2017 has given the First President, for the possible assignment to the Unions Sections, the issue of contrast, as well as considered to be of particular importance, if the new discipline on the subject of maximum open commission introduced by the art . 2-bis of l. n. 2 of 2009 is of a genuine interpretation of the law on wear, or is innovative in nature, as it is intended to establish, only for relations...

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08 November 2017
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Code of Public Contracts, Project financing, Elimination of the entire procedure and claims for damages, Council of State in court, Section Fifth, Judgment of 18 January 2017, no. 207

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Judgment of the State Council issued for reform of the judgment of T.A.R. Campania Naples Section I, no. 3347/2015, concerning compensation for damages resulting from the elimination of the whole project financing procedure. With regard to project financing, it is recalled by the case law of the Council of State: once public property has been declared a public works proposal and therefore identifed as a private promoter, the Administration is not obliged to undertake the 'reliance on the relative concession, since: (a) that choice constitutes a typical and prevalent manifestation of administrative discretion involving extensive assessments of the existence of a public interest...

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08 November 2017
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Code of Public Contracts, Anac, Guidelines n. 8 of October 10, 2017, in GURI of 23.10.2017, Appeal to negotiated procedures without prior publication of a notice in the case of supplies and services deemed irretrievable, art. 63 or art. 125 for the special areas of Legislative Decree 18.4.2016, n.50

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In the cases and in the circumstances referred to in Article 63, contracting authorities may award public contracts in a negotiated procedure without prior publication, providing adequate justification in the first act of the existence of the relevant conditions. The contracting authorities must ensure a comparative assessment between several offers with the minimum presence of five operators, if any, and adequate rotation. More caution and guarantees are provided. In the hypothesis of the sole supplier, the so-called "non-negligible" goods and services are available, and both the legislator Ce and the nation have foreseen exceptions to public evidence because of the discounted result...

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08 November 2017
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Public Contracts Code, Contracts under Threshold, Principle of Rotation of Invitations and Reliefs, art 36 dlgs n. 50_2016, Council of State, Section Six, judgment of 31.08.2017 n. 04125/2017

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The State Council in court, in partial reform of Judgment no. 454 of 2017 of the Regional Administrative Court for Tuscany, has ordered the annulment of the award, since no further procedural activity is required by the Administration to identify the new successful tenderer, since it is suffcient to move the ranking in favor of the second ranked. It observed the following: Art. 36 of Legislative Decree no. 50 of 2016 stipulates that the assignment and execution of works, services and supplies of less than the thresholds referred to in Article 35 shall take place in accordance with the principle of...

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08 November 2017
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Documentary credit, NUU of the ICC, clauses of use and not legal or regulatory use, law of lawfulness and uniform rules

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Documentary credit Documentary credit is the irrevocable and irrevocable commitment issued by an issuing bank to the beneficiary to honor the credit on presentation of compliant documents. Compliant submission means documents drawn up in accordance with the requirements of documentary credit and in accordance with the NUU ICC 600 publication. The documentary credit institution, also known as a letter of credit, does not have a specific discipline in most legal systems. In our order there is a concise provision in art 1530 cc that does not contain a proper discipline and does not even outline the operation. The foundation of the institute is a regulatory...

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08 November 2017
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International Sale Agreement, Incoterms 2010, Rules of Jurisdiction

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Incoterms 2010 In International Contracts, the use of Incoterms 2010, issued by ICC, International Chamber of Commerce, is daily. Businesses, however, use them inappropriately, sometimes failing to clearly state what has been agreed at the negotiation stage, specifying delivery terms, yields, applicable law and resolution of controversies, with reference to the place of judgment, if any, to the language in which the dispute will be discussed, and whether it will be decided by the Ordinary Judge or an Arbitration. Incoterms 2010 is designed to clearly determine who should bear the costs and responsibilities for each part of the carriage, customs costs, departure and destination,...

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