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

See all articles by Gabriella M. Racca

Gabriella M. Racca

University of Turin - Department of Management

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

Racca, Gabriella M., 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) (December 1, 2012). e-Competitions: National Competition Laws Bulletin, December 2012, Available at SSRN: https://ssrn.com/abstract=2211402

Gabriella M. Racca (Contact Author)

University of Turin - Department of Management ( email )

C.so Unione Sovietica, 218 bis
Turin, 10100
Italy

HOME PAGE: http://www.management.unito.it/racca

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