The Italian Supreme Administrative Court rules on the principles applicable to the award of concession contracts (Agam Reti Gas Acqua)

I. Introduction The grand chamber (Adunanza plenaria) of the Italian Consiglio di Stato, broadly corresponding to the assembléeof the Conseil d'Etat, has addressed the question of the applicability of some provisions of the 2006 Code of public contracts to the award of concession contracts. The grand chamber may be seized by the chambers (Sezioni) of the Consiglio di Stato which are in the ordinary competent to hear appeals against judgements passed by the first instance administrative courts. This is notably so when the chambers of the Consiglio di Stato have passed conflicting judgments. What was somewhat peculiar in this case is that the conflict was mainly within the referring chamber. II. The facts and the precedents of the case The incumbent concessionaire challenged an award