ADMINISTRATIVE | The Council of State on Services and Supply tenders participated by joint group of enterprises

On 5 January 2026, the Council of State issued its ruling No. 57/2026, which held that economic-financial and technical-professional requirements in service and supply contracts do not necessarily have to be met in proportion to the share of performance undertaken by each member of the temporary association of economic operators. In the absence of a specific provision, such requirements may be satisfied by the group as a whole, in accordance with the principle of joint and several liability. This decision than excludes that Article 68.11 of Legislative Decree No. 36/2023 introduces a general rule of quantitative correspondence for services and supplies, thereby confirming continuity with existing case law. Given the derogable nature of the provision in question, the contracting authority may still provide for more stringent requirements in the tender documentation, provided that they are proportionate and motivated.

Newsletter n. 114 – January 2026