Osborne Clarke, with a team led by partner Giorgio Lezzi, head of Italy’s administrative law department, and associate Federica Fischetti, successfully advised VARESE RISORSE S.p.A and A2A ILLUMINAZIONE PUBBLICA S.r.l, members of the temporary joint venture formed with DI BELLA COSTRUZIONI, which won the public tender procedure organised by the City of Messina relating to the management of the city’s public lighting service, with a value of approximately Euro 31 million.
In particular, by decision no. 123 published on 14 February 2020, the Consiglio di Giustizia Amministrativa per la Regione Siciliana (appellate administrative court for Sicily), fully accepting the arguments presented by Osborne Clarke, overruled the previous decision no. 318/2019 of the Administrative court (TAR) Sicily, Catania, confirming the award of the contract to the joint venture led by VARESE RISORSE.
The decision is particularly interesting as it states important principles relating to controversial legal issues, such as the difference between orders issued by an administrative body that confirm a previous award and those that change the terms of a previous award, as well as others regarding the relationship between shares held in the joint venture and the performance obligations in the case of service contracts.