Regional Administrative Court (TAR) – Lombardy, sect. I, February 23 2012 n. 599
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.