18 Jun 2024 18:25
of SF
«The possible acceptance, following the outcome of this trial, of the appellant’s complaints – involving both the division of the tender into lots and the rules for the award of multiple lots and the determination of the tender fee – would lead to the necessary re-edition of the entire procedure”. The Umbria TAR puts it in black and white in the precautionary order published today on Busitalia’s appeal against the Region and Umbria Tpl and Mobilità Spa: the focus is on the tender procedure in four lots started in the spring.
TPER GOES TO THE TAR AND OBTAINS THE OBJECTIVE
The story starts in 2022 when Busitalia challenged the resolution of 10 August on regional and local public transport at the TAR and, in particular, on the preparatory activity for the preparation of the tender documents and the TPL basin plan. The company then presented four additional reasons on 13 March 2023, 13 December 2023, 22 April 2024 and 27 May 2024, all linked to subsequent acts of the same process. Reason? Request its cancellation. “The complexity of the questions proposed requires a complete evaluation in the most appropriate court of merit, where the question of the procedure applicable to the case in question must also be defined”, explains the TAR in the precautionary order signed by President Pierfrancesco Ungari.
THE RACE WITH A TOTAL VALUE OF 749 MILLION EUROS
As for the periculum in defaultthe TAR points out that «the next deadline for submitting applications for qualification to the assignment procedure in question (28 June 2024) does not appear to result in serious and irreparable damage for the appellant, as from the appellant’s submissions it does not emerges prima facie an absolute preclusion to the presentation of the qualification application, also considering that the presentation of the offer is not envisaged at this stage”. Plus the reason mentioned above. The public hearing on the merits is set for 22 October 2024. The lawyers involved are Giovanni Pravisani (Busitalia), Tiziana Caselli, Anna Rita Gobbo, Luciano Ricci (Regione) and Daniele Spinelli (Umbria Tpl and Mobilità).
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