The Council of State has definitively ruled in the dispute relating to the concession, under project financing, of the final and executive design, as well as the execution, of the adaptation and energy efficiency works on the public lighting system of the Municipality of Treviso, and associated ordinary, scheduled and extraordinary management.
The decision, no. 5979 published on 23 August 2021, confirmed the award in the tender procedure, worth over Euro 33 million, in favour of A2A Illuminazione Pubblica S.r.l. and Eurogroup S.p.A., assisted at first instance and on appeal by Osborne Clarke with partner Giorgio Lezzi (head of public law and infrastructure services, Italy) and associate Federica Fischetti.
The proceedings focused on issues of particular interest, such as the distribution of the quotas for the performance of the activities within a so-called horizontal temporary business grouping, the management of tax profiles in the ambit of the preparation of the business plan in public-private partnership transactions, as well as the terms and methods for calculating the percentage of energy efficiency for the purpose of verifying compliance with the minimum threshold provided for in the tender documents.