Regional Administrative Court (TAR) – Lazio, sect. II Bis, March 22 2017, n. 3778
Abstract:
The Regional Administrative Court of Lazio has ruled as legitimate the execution of the public procedure by which the Municipality of Orvinio (RI) has selected the private partner of the mixed company in charge of the management of a drugstore, expecting, among the other private partner’s duties, the payment to the outgoing operator of the costs incurred by this latter for the provisional management of the business operation. This, on one hand, demonstrates the flexibility of the institutionalized partnership and, on the other hand, it attests the respect of the administrative justice towards contractual tools that conciliate the satisfaction of the collectivity’s needs – i.e. the management of a drugstore – with the conferment to the private partner of the prior costs which are due to the administration, not related to the future activity of the newco.