I. Introduction By judgement of 9 January 2013, the Consiglio di Stato (Italian Supreme Administrative Court, the “Court”), upholding the decision of a lower court (Administrative Tribunal of the Lazio Region, the “Lower Administrative Court”), ruled that the Ministry of Interiors was not entitled to award a contract for telephone services without prior publication of a contract notice because it did not make any serious enquiry about the real existence of “technical reasons” for justifying such a procedure and because, according to the result of a technical report produced by the contracting authority, technical reasons were not existing. II. The Facts of the Case In February 2012 the Ministry of Interiors started a negotiated procedure without prior publication of contract notice with
The Italian Supreme Administrative Court rules that an award of a contract without prior publication of a notice for technical reasons is not allowed when the change of economic operator is “only difficult but not impossible” (Fastweb)
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