Abstract:
The public transport service of the London subway is managed, in a public-private partnership, by a mixed company. In the case under examination, the company was asking the Major of London – associate of the affiliated company- a huge compensation for having published a report on the management of the service, violating a confidentiality clause present in the partnership contract. The English High Court has rejected the injunction, on the basis of public relevance of the information disclosed to the community, establishing in this way an important precedent in relation to the impossibility to consider the litigations between public associate and private associate of an affiliated company in a purely privatistic perspective.
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Abstract:
In the field of establishment of mixed companies, the Regional Administrative Court of Lombardy has specified that the special rules contained in L. 474/1994 that discipline the divestment and privatization of companies owned by the State and by public entities cannot be applied. This is because it concerns a tender aimed at the establishment of the so-called “institutional partnership” and the D.P.R. 533 of 1996 must be applied to it, which, indeed, disciplines the tender procedures for the selection of the private partner in mixed companies, notwithstanding that, in the privatistic profile, the admission of an industrial partner in the social system has taken place by means of a non-preemptive capital increase, rather than a direct share transfer by the controlled public entities.
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Abstract:
In Ireland, the majority of toll roads was built and is now managed by private operators in the ambit of public-private partnership agreements reached with the National Roads Authority. In this ruling, the Court of Justice has excluded that the NRA can operate in competiveness with private operators, with which has a contractual relationships, also in cases where it manages the roads by itself, collecting the tolls.
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