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07/04/2022Can one apply procedures for remedying deficiencies to Public-Private Partnerships awarded to private companies upon public evidence? Evidently not, considering their nature
The Port Authority of Eastern Sicily published a call for bids to receive proposals of Public-Private Partnerships, but subsequently decided to withdraw it. At that point a company that in the meantime had responded to the call, contested the fact that the Port Authority could withdraw it without being obliged to evaluate the received proposal that, at that point, had become for all intents and purposes a PPP awarded to a private company upon public evidence ex art. 183, paragraph 15, Legislative Decree no. 50/2016. The Government then proceeded to evaluation of the presented project, but deposed that it should be excluded due to the lack of deposition of a “project of technical and economic feasibility as required” by the code of tenders.