ADMINISTRATIVE | Regional Court of Catania on exclusion from public tenders in case of a formal charge

On 7 October 2024, the Regional Court of Catania shed light on a crucial issue in public tenders: the exclusion of an economic operator based on a formal charge. While acknowledging that this act may indicate professional misconduct, the Court emphasised that it cannot be the sole reason for exclusion. The contracting authority must guarantee the right to be heard and conduct a thorough investigation before taking action. Without these safeguards, exclusion is unlawful. This ruling challenges the automatic approach many Public Administrations seem to adopt in similar cases.

Newsletter n. 100 – October 2024