The Council of State, with a judgment published today, accepted the appeal proposed by the Authority of Harbour System of the Sea Western Liguria against the annulment of the award of the Project Management Consultant (PMC) service for the realization of the new breakwater of Genoa in favour of RINA Consulting. With today's sentence, which annuls the first instance sentence issued by the TAR Liguria on the appeal filed by the runner-up Progetti Europa & Global Spa, the highest body of justice administrative has confirmed the validity and correctness of the verifications carried out by the Authority of Harbour System compared to the global turnover requirement for similar services required by the tender.
In particular, the judgment states that "the Authority he was well aware that, pursuant to Annex XVII to Legislative Decree. No. 50 of 2016, for proof of capacity requirements economic-financial, with reference to the so-called turnover global and the specific one, among the usable documents is including the presentation of balance sheets or extracts from the balance sheet, where publication of the financial statements is compulsory on the basis of the the law of the country of establishment of the economic operator".
The Board also established, in accordance with the provided in the tender, that the AdSP renews the investigation relating the sole possession by the successful tenderer of the requirement of "Peak contract", activity - announced the AdSP - which will be immediately carried out by the offices of the institution.
RINA welcomed the Council's decision to Status: "we are pleased to see recognized, also - has specified the company - the absence of a conflict of interest in carrying out activities by RINA, view also the governance that regulates the various activities of the operating companies of the group. We are ready - he specified RINA in a note - to collaborate with the administration for the purposes of completion of the tender procedure in accordance with the Council of State. As in the past, our priority is work, supporting the contracting authority, on a project identified by the PNRR as strategic and therefore important not only for the city of Genoa, but for the whole country».