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Subcontracting Limitation as Expressed by Italian Legislation of Public Contracts Does Not Comply with European Law journal article

Judgment of the Court of Justice of the European Union (Fifth Chamber) of 26 September 2019 in Case 63/18 Vitali SpA v Autostrade per l’Italia SpA

Michele Cozzio, Edoardo Tozzo

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 174 - 178

The directions provided by the Court are clear in considering that the limit on subcontracting imposed by Italian legislation is precluded by Directive 2014/24/EU. The percentage limit fixed in general and abstract terms goes beyond what was necessary to achieve its objective specially in relation to combat organised crime and may make it more difficult for the SMEs to access public contracts.


Tenderers May Be Excluded, If the Grounds for Exclusion Are Applicable to Their Subcontractors journal article

Annotation on the Judgment of the Court of Justice of the European Union (Second Chamber) of 30 January 2020 in Case C-395/18 Tim SpA - Direzione e coordinamento Vivendi SA v Consip SpA and Ministero dell'Economia e delle Finanze

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 179 - 181

In January 2020 the Court of Justice of the European Union delivered its judgment in Case C-395/18. The Court said that the public procurement regime of the European Union does not preclude exclusion of a tenderer, if the ground for exclusion is applicable to one from its subcontractors. However, such exclusion shall not be automatic.


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