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The Council of State and the invalidation of a tender divided into lots

  • 20/11/2024

The Council of State, in its judgment of 11.10.2024, no. 8171, rendered in the matter of public tenders, ruled that ‘in the case of a tender divided into several lots, the annulment of the notice pronounced in relation to one or more specific lots (in the case at hand for being contrary to Community law) determines the automatic annulment of the procedures also for all the other lots where, in view of the characteristics of the tendering procedure, it may be considered that the public procedure, although divided into several lots, may be regarded as forming a single contract and the defect established concerns aspects relating to the tendering procedure as a whole'. 

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