Osborne Clarke advised A2A Illuminazione Pubblica S.r.l. and Eurogroup S.p.A. in litigation relating to the concession, valued at over 33 million euro, for the improvement of energy efficiency and the management of the public lighting network in the Municipality of Treviso.
With decision of the court published on 23 December 2020, no. 1308, the Regional Administrative Court of Veneto, further to a detailed reasoning following reports from a court-appointed expert and from a third party administrative body, confirmed the efficacy of the grant of the concession previously awarded to the new JV company led by A2A Illuminazione Pubblica, accepting in full the legal, technical and economic defence presented by the firm.
The court’s decision is of particular relevance, as for the first time it has dealt with key issues in the context of public-private partnerships such as the criteria – including fiscal criteria – to be complied with in drafting the Business Plan, together with the systems of technical audits to be used in verifying the necessary minimum requirements in terms of energy saving as provided by the regulations applied to the relevant tender procedure.
Osborne Clarke’s team was led by partner Giorgio Lezzi, head of the administrative law and Infrastructure services team, with associate Federica Fischetti.