Notice of wastethe eighth section of Tar Campania does not accept or reject the request for suspension of the Isvec. The Common will then be able to proceed with the award to Yes. Eco. pending the hearing on the merits, scheduled for next year October 24. Isvec (ecological green island) srl, a company that has been managing the urban hygiene service in the city for a year under the extension regime and which placed second in the tender called by the Municipality, last June 3rd presented an appeal to the Regional Administrative Court for ask for the annulment of managerial decision number 556 with which on May 24th the Municipality of Caserta had entrusted the new tender for the management of the urban hygiene service to Si.Eco. spa by Bari. Among the reasons given by the appellant are the alleged lack of the necessary requirements to participate in the tender which should have resulted in its exclusion and above all the exit from the scene of the company Igieneurbanevolution which had presented itself in the joint venture with Si. Eco. immediately after the provisional award. Si.Eco. for its part, it presented a cross-appeal against Isvec overturning the accusations of the absence of the requirements. Yesterday the ruling of the judging panel which decided to proceed, as a precautionary measure, setting the hearing on the merits in the short term.
From the Common they let it be known that the TAR’s choice not to suspend the provision highlights that no damage of extreme severity or irreparability such as to lead to the acceptance of the suspension was detected. «The Court – we read in the note released yesterday by the administration – declared that the issue will be resolved on the merits. In the absence of suspension of the award, the Institution is authorized to proceed with the implementation of the urban waste management contract entrusted to Si.Eco. Almost as if to say that if it does not do so, the organization risks being in conflict with both the court order and the law which establishes that the measures, if not suspended, are enforceable. Do not sign the contract with Si.Eco. could therefore lead the latter to take action against the Municipality. It is also true, however, as the counterparty points out, that if Isvec’s appeal were to be accepted in the October ruling, it would be the latter that would ask for damages for lost profit and at the same time the organization would also have to pay the Yes. Eco. for the service performed. These are, of course, just some of the scenarios that could emerge. In fact, there is also a third possibility. The panel could in fact consider both appeals to be founded, both that of Isvec and that of Si.Eco. and in this case the race could even be cancelled.
The reaction was not long in coming Isvec which it says is ready to challenge any document that will be produced by the administration from this moment on to follow up on the awarding of the service. For the company’s lawyer, the lawyer Renato Labriolathe decision of the TAR to act pursuant to article 55, paragraph 10, in fact represents the will of the judges to adopt a protection tool more advanced than the suspension which in fact anticipates the positive outcome of the sentence for Isvec. «The court – specifies the lawyer – proceeds as a precautionary measure, setting the hearing on the merits in the short term, in cases in which it believes that the appellant’s needs can be favorably appreciated and adequately protected. In the order this aspect is reported verbatim in the passage which says that “the precautionary needs put forward by the appellant can be adequately protected with the prompt definition of the judgment on the merits also considering that the interest triggered by the appeal could find, in the event of favorable outcome of the trial, adequate protection in a specific form”. Therefore, in the event that the Municipality proceeded, following a clumsy interpretation of article 55, to entrust the urban hygiene service to Si.Eco., it would almost certainly expose the administration to treasury damage, especially in the case in which the TAR decided, in its October ruling, to accept Isvec’s appeal”.
The tender in question, worth 12 million euros and lasting six months, extendable for another six months, it should represent a sort of bridge tender towards the in-house management of the service. Meanwhile, the municipal administration reassures citizens regarding waste management and collection operations, which will continue without interruptions, guaranteeing the continuity and efficiency of the service.
© ALL RIGHTS RESERVED
Read the full article at
The morning
