The Italian Supreme Administrative Court Addresses the Differences between the Notions of Service Concession and Public Procurement of Services (Università Degli Studi Di Roma Tre V International Airport System)
e-Competitions: National Competition Laws Bulletin, December 2012
10 Pages Posted: 4 Feb 2013
Date Written: December 1, 2012
Abstract
The judgment of the Italian Consiglio di Stato addresses once more the differences between the notions of service concession and public procurement of services.
These main differences, as set up by several ECJ’s sentences, consist in the different allocation of economic risk and in the different regime of liability.
The other main issue highlighted in this case is the publicity of the contract notice and his effects on the participation and on the rules of competition.
As well known a legal definition of service concession has already been provided by the EU law, nonetheless a new directive on concessions is right now at discussion for a further harmonization of the different legal concepts of concession in the Member States.
Keywords: cervice concession, public procurement of services, transparency, harmonization
JEL Classification: H57
Suggested Citation: Suggested Citation