The Italian Legislative Decree no. 50/2016, published in the Official Gazette on 19 April 2016, reshaped the regulatory framework for public procurement.

The New Public Procurement Code – later amended by Legislative Decree nr. 56/2017 (Corrective Decree) – having been issued in a very short period of time (given the pressure of the European authorities) appears very complex and not easy to grasp.

A significant change is certainly attributable to the central role played by the ANAC (National Anti-Corruption Authority).

In the Legislative Decree no. 163/2006 ( the former Public Procurement Code) the role of oversight and investigation was assigned to the AVCP (Authority for the Supervision of Public Contracts), which was repealed by art. 19 of Law nr. 90/2014, with the resulting transfer of the corresponding tasks to the ANAC.

As part of its duties, the Authority has issued several guidelines to better target public administrations, public and private entities, tender commissioners, in-house companies, and by extension, any operator involved in the application of the Public Contracts Code.

The New Procurement Code, which is outlined in 6 parts ( split in turn into titles, chapters and sections), has the virtue of merging and redesigning the legislation on public contracts, introducing among other things, interesting innovations in terms of concessions and grantings, selection of the contractor and adjudication criteria, possession of suitable qualification of the contracting authorities (with reference to the type, complexity and amount of contracts) and requirements for operators (for example, the system of “company rating” and the related penalties and bonuses).

In this context, we assist contracting authorities and private companies throughout the entire process of public procurement, with a special care for the granting of public works, services and supplies in the environmental industry, guiding operators since the very delicate phase of bidding under both restricted and open procedures.

Sustainability Labelling of Packaging in Italy

The Legislative Decree 116/2020 (D.Lgs 116/2020) which transposes EU Directive 2018/851 on waste and EU Directive 2018/852 on packaging and packaging waste, makes environmental labelling of packaging mandatory.

Earn Out Clause: how it can protect foreign investments in Italy

The pandemic of Covid-19 has affected our life so badly, that we now live in a situation of uncertainty. It’s not hard to believe that this situation is way more persistent in the business world, especially with sale and purhase agreements (a world marked by volatility and subject to the variation of shares value) due […]

Goods and Waste Shipment: EU Trade and Environmental Regulation

One of the most important peculiarity of the UE is the free movement of goods inside the union. The free movement is indeed one of the pillars of the UE, as it guarantees the member state to exchange goods without duties.

Subsidiaries and Branches in Italy: a comparative outlook

The main object of the present article is one of the mostly debated aspects concerning a foreign company intending to set a development plan of its business strategy in the Italian Peninsula and therefore realize profit in Italy.

EU Regulation 679 of 2016: the Processor’s Role

In order to dissert upon the Data Protection matter, it is essential to recall Regulation n.679/2016 as the most recent and concrete legislative mean to assert the question.

Stand By Letter of Credit (SLOC): what to know about it

What is Stand By Letter of Credit When we talk about Stand-by Letter of Credit (SLOC), we refer to a pledge of payment, born in the common law system (in particular, USA), but now generally used in all country.

International business contracts interpretation

The matters concerning the interpretation of an international contract has recently sought its own collocation under several conventions: in first instance, a tool of uniform application of International Law commonly known as CISG. in second instance under a unifying source of Law disciplining International Commercial Law called the Unidroit Principles. thirdly under the Principles of […]

COVID-19 and Mergers & Acquisitions: a troubled relationship

It is now well known how the COVID 19 has upset, on a global level, every social and especially economic dynamic, undermining even those so-called “powerful economic markets“.

Private Antitrust Enforcement in Italy

Private antitrust enforcement is one of the means devised by the European legislator to protect fair competition within the territory of the Union. It is the subject of Directive 2014/104/EU, the aim of which is to ensure, also at a private level under civil law, effective enforcement of the provisions contained in the Treaty on […]

Swedish Arbitration Act: what’s new in the revised version

The Swedish arbitration act (SAA) of the 1999, which made Swedish jurisdiction one of the most interesting in Europe for what concern the international arbitration, has been recently reformed in March 2019.

Permanent Establishment rules in Italy

Introduction Permanent Establishment (“PE”) is an expression that involves two concepts namely ‘Permanent’ and ‘Establishment’. Permanence indicates something that lasts long or intending to last forever. Establishment in business context could be understood as an economic unit which operates in goods or services and is identifiable.

Reach Regulation: The Way to “Green Chemistry”

The Reach Regulation (acronym for Registration, Evaluation, Authorization of Chemicals), is the European norm that regulate the discipline of chemical substances. As the name suggests, it stablishes rules for the registration, the valuation, and the authorization/restriction for all the chemical substances that are produced or imported inside the European territory.

How to open a restaurant in Italy

Introduction 2020 was the year of the COVID-19, the year in which one of the sectors most affected by the measures put in place by the government to contain the spread of the contagion was the restaurant sector, with around 80,000 operators lowering their shutters in 2020 and not raising them again.

Standard Ground Handling Agreement in Italy: what to know

Standard Ground Handling Agreement (SGHA) is the model for handling contract created by IATA (International Air Transport Association).

Waste Brokerage in Italy

Introduction Waste management in Italy is regulated by the Environmental Code (Legislative Decree no. 152/2006). Waste management is one of the most important and at the same time complex aspects concerning the correct management of any production cycle.