Council of State, section III, 18 February 2013, n. 957
Abstract:
The ruling in question appears to be particularly innovative, since it considers the award of healthcare and socio-medical services with a high health integration – characterized by the provision of home care services outside public structures – via a procurement of services as an “organizational public-private partnership model that, by outsourcing home care services, entrusts third parties with the task and, for this reason, requires an actual integration effort between the treatment and the care, with a predominance of the scopes of one over the processes of the other”. Therefore, a wide concept of partnership emerges, which considers a traditional procurement of services as a form of collaboration between public and private subjects as a result of the clear social feature of the activities, which are the subjects of the contract.