San Pietro Apostolo, legitimate awarding of works in kindergarten

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The intervention concerns seismic adaptation work in the kindergarten. The Council of State rejects the complaint of the other economic actor

Published on: 15/07/2022 – 07:35

CATANZARO The Council of State (President Caringella; Extensor Rovelli) accepted the defensive theses of the lawyers Achille Morcavallo and Antonio Cosentino, defenders of the economic actor currently carrying out the works with which the municipality of San Pietro Apostolo has contracted for the seismic adaptation of Scuola di Infanzia Via Celli, rejection of appeal by another company.

Facts

The municipality of San Pietro Apostolo launched a tender for seismic adaptation of a kindergarten. Following the evaluation of the bids, one company was excluded due to lack of requirements. The same, with the patronage of lawyers Achille Morcavallo and Antonio Cosentino, approached Tar Calabria, requesting the cancellation of the exclusion and the resumption of the race.
TAR accepted the complaint and assessed how the requirements could be remedied, as these were shortcomings in the single European tender document and therefore could not lead to exclusion from the tender. This verdict was appealed, meanwhile, the tender was awarded and the victorious economic operator at TAR began the seismic upgrade work of the school. The Council of State, which accepted the defense arguments of the lawyer Morcavallo, definitively rejected the appeal and confirmed the punishment imposed. As a result of this sentence, the agreed works will be able to continue with the current economic actor and the community will be able to benefit from the school in good condition with the seismic adaptation.

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