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