The Italian Supreme Administrative Court holds that appointment of a lawyer for litigation is not subject to public procurement rules (Tonelli)

I. Introduction By judgement of 11 May 2012, the Consiglio di Stato (Italian Supreme Administrative Court, the «Court«), setting aside the decision of a lower court (Administrative Tribunal of the Lazio Region, the «Lower Administrative Court«), decided that the local government of the Provincia di Frosinone «Local Government«) could legally appoint a lawyer for litigating a case in front of the Court of Appeal without following the public procurements rules set by Directive 2004/18/EC [1] (the «Directive«) and by the Italian Code for public contracts. The reason is that the appointment of a lawyer for litigating a case is not to be qualified as a public procurement contract but as a contract for intellectual service. II. The Facts of the Case The Local Government lost a case in front of an

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  • IUSE Istituto Universitario di Studi Europei

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Mario Comba, The Italian Supreme Administrative Court holds that appointment of a lawyer for litigation is not subject to public procurement rules (Tonelli), 11 May 2012, e-Competitions Bulletin May 2012, Art. N° 47986

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