Public tenders and public contracts in Italy. The issues that large groups have to face when bidding/contracting with Italian awarding bodies
Giovanni B. Monteverde, General Counsel, Alstom, Italy
Italian law on public procurement has recently undergone substantial modifications with the enactment of legislative decree 163 of 12 April 2006, as subsequently, in a typical Italian style, amended, lastly by means of legislative decree 113 of 31 July 2007.
Decree 163 is referred to as "Codice dei contratti publici relativi a lavori, servizi, forniture" and represents an attempt to create an unique corpus, a Codex in fact, to rule any and all aspects of the public procurement in Italy, for works, services and supplies, both in the so-called ordinary sectors and in the so-called special sectors (energy, water, transportation and postal services, i.e. the sectors ruled by Directive 2004/17/CE).
Unlike in the past, decree 163 (hereafter the Code) has not introduced specific modifications in specific areas. On the contrary it has created a united and homogeneous system, that came into existence upon impulse from the European Union (Directive 2004/17/CE and of Directive 2004/18/CE) and that has adapted the existing Italian rules to those coming from the EU. The Italian legislator has taken this opportunity also to cancel some obsolete or contradictory rules.
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