the company wins, the hospital appeals

ANCONA New management building in Torrette: the dispute between the company and the University Hospital of Marche arrives at the Council of State. The issue to be resolved: the legitimacy or otherwise of the act with which the management of the health citadel revoked the assignment of Cogepa Spa, the Neapolitan construction company that was awarded the maxi contract a year ago for 7.9 million euros announced to build the new administrative center of Turrets.

The first round

With a resolution signed in recent days by the general director of Aou Armando Gozzini, the lawyer Maurizio Boifava of the Monza Court was given the task of initiating the appeal to the Council of State against the sentence issued last May by the Marche Regional Administrative Court. The administrative judges, accepting Cogepa’s arguments, annulled the contractual termination (dating back to December 2023) for the contract for the new management hub. The revocation was decided on the basis of an issue that arose over the company’s registration on the Prefecture’s white lists. Now, the ball will pass to the judges of Palazzo Spada. But, in the meantime, the works have been at a standstill for a while. The construction site for the new building, delivered in May 2023, should have been completed by January 1st 2025. The finish line will most likely not be reached before 2026. And the delays will inevitably have effects on the construction site of the new Salesi .

Times

The project has practically stopped since the contract was terminated. There is still the company’s crane towering over the construction site, which is to lead to the construction of a 5 thousand square meter complex on three levels. The structure was designed to house the general management, the administrative offices of the Aou delle Marche and around a hundred employees. But today the foundations of the building that will one day rise in front of the old hospital entrance are sketched out. The hospital company had ended up revoking the contract for the node on the white lists, the lists established in each Prefecture which have the aim of making anti-mafia controls more effective with respect to entrepreneurial activities.

The re-registration of the company, previously subjected to judicial control, was ordered on 12 December 2023, the day after the resolution signed for the contractual termination. According to the TAR judges, the hospital company “should have waited for the outcome of the procedure to update the position” of the company underway before the Prefecture. «And once the relevant provision has been acquired, verify that the contractor had not lost the requirement to contract with the public administration». Hence, the appeal to the TAR was accepted.

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