Regional Administrative Court (TAR) – Lombardy, sect. I, November 11 2016, n. 2090
Abstract:
The Regional Administrative Court of Lombardy has clarified that a principle of obligatoriness in the revision of the economic-financial balance plan of the permission it is not in force when the market conditions merely change. In this regard, it has specified that “while in the cases generally referred to in art. 1467 of the Civil Code the establishment outside the contractual relationship affects the correspondence of the services as originally agreed, determining or not the possibility of termination, depending on whether it is “extraordinary and unpredictable”, in the case of concession of public works, the external establishment indirectly influences the correspondence of the services of Public Administration, but it rather influences the development of the activity in which the private subject himself has estimated to gain the proportionate fee for the work already completed”.