Pink Skirt That Miley Wore

Code of the administrative process: cancellation of the contract for serious violations

With No Judgement 1021 filed November 10, 2010, the TAR Toscana, Section I, has - among other things - declared invalid retroactively a contract for the provision of editorial services and products for institutional communication, by Article 121 of the Code of administrative process ( Ineffectiveness of contract in cases of serious violations ). In this case the contract was entered into by the trustee of the piece distance nine days after the award decision, in violation of the deferral period (35 days) established by article. 11 Section 10 of Legislative Decree 12 April 2006, No 163 (Contracts Code) .


That is, as evidenced by the RAC, which in Article 122 if the decision about the ineffectiveness of the contract is left to the discretion of the Board, if you run into one of the situations listed del'articolo 121 the outcome is required. Nothing new, then, by the decision, but it deserves to be mentioned to apply to procedures for the award by piecework trustee of the provisions referred to in art. 11 point 10 of the Code of the contracts, which in turn refers to Article. 79 of the Public Contracts Code, concerning the disclosure obligations incumbent on the contracting clients regarding the outcome of proceedings for the award of contracts. After the entry into force of Legislative Decree no. 53/2010 - says the TAR - the obligation to notify the decision to award the final art. 79 paragraph 5 letter. a) and the standstill clause in the aforementioned (and novel) art. 11 paragraph 10 have become functional

to ensure timeliness and therefore the effectiveness of exercising the right to take legal action by competitors who consider themselves unfairly prejudiced the outcome of the race and because it is a privileged target by national and European level than to speed the conclusion of the contract, it seems logical to assume that both the disclosure requirements mentioned in art. 79 as the standstill clause in art. 11 paragraph 10 also apply to the trustee the piece, because it aims to ensure the effectiveness of a general and fundamental principle in the field of public contracts, which moreover does not relate specifically to a timetable for the award procedure, referenced in paragraph 11 art. 125;

In this case the clause in question has remained unnoticed and this has deprived the applicant of the opportunity to appeal to this TAR prior to the conclusion of the contract . Risulta quindi concretata la fattispecie di cui all’art. 121 comma 1 lett. c) del codice del processo amministrativo, così che il TAR - dopo aver annullato l'aggiudicazione definitiva impugnata - si è visto tenuto a dichiarare l'inefficacia del contratto in questione

non ravvisandosi (e non essendo neppure state prospettate) esigenze di segno contrario, ai sensi del comma 2 del citato art. 121 (e risultando irrilevante il richiamo contenuto nella memoria conclusiva della controinteressata, a pretese ragioni di urgenza, genericamente affermate, che giustificherebbero l'inosservanza della clausola standstill).

La sentenza n. 1021/2010 del TAR Toscana é disponibile sul sito giustizia-amministrativa.it to this address.