Osborne Clarke assisted Acinque Tecnologie S.p.A. (formerly Varese Risorse S.p.A.), in its own behalf and as lead agent of the temporary joint venture formed with A2A Illuminazione Pubblica S.r.l. and A2A Smart City S.p.A, in the ambit of the administrative proceedings brought before the Lombardy Regional Administrative Court for the annulment of the Municipality's award to a third party of the project finance contract relating to the management, maintenance and upgrading of public lighting systems preparing them for "smart cities" services and the related broadband and narrowband provision in the Municipality of Monza, worth over €45 million.
In particular, the Lombardy Regional Administrative Court, upholding the appeal filed by Acinque Tecnologie, with decision no. 2246 of 13 October 2022, annulled the award of the tender in favour of another company, with the consequent right of the applicant temporary JV (a promoter for the purposes of art. 183, paragraph 15 of the Public Contracts Code) to provide the relevant services on the basis of the conditions set forth in its own proposal as presented during the tender procedure.
The Court's decision is of particular importance as it deals with the hierarchy of tender procedure rules and documents and the consequent manner in which tender bids are prepared, as well as the relationship between the business plan submitted as part of a project finance procedure, the tender and the tender procedure documents.
Osborne Clarke's team advising Acinque Tecnologie was led by partner Giorgio Lezzi, Head of Public Law & Infrastructure Services with senior associate Federica Fischetti.