Insights
Commentary on the most relevant decisions of the TAR and the Council of State, updates on the Public Contracts Code and practical guides on Italian administrative law.
The firm's column
Where artificial intelligence meets administrative law: automated decisions before the courts, procurement of AI systems, the AI Act and Law No 132/2025 in public administration. Episode 1: The AI Act's 2 August has come.
Decision of the week · C.G.A.R.S., 13 July 2026
C.G.A., judicial division, judgment No 478/2026: the derogation in Article 21-nonies(2-bis) of Law No 241/1990 applies only where the falsehood, including a mere misrepresentation of fact, has been established by a final criminal judgment. With the contrary authorities and the consequences for purchasers.
Read the article →From the press · SudPress · 12 August 2026
With Dario Riccioli, in SudPress: for Catania airport, Etna's eruptions are no longer an exceptional and unforeseeable event but an ordinary risk of the site, foreseeable in the whether, uncertain only in the when. What matters, in law, is the organisation put in place to face it. Full article in Italian.
Read on SudPress →Decision of the week · TAR Catania, 11 August 2026
TAR Catania, Second Chamber, judgment No 2353/2026: revocation for a fresh assessment of the public interest upheld, but once the tender is launched the promoter is entitled to an indemnity for actual loss under Article 21-quinquies of Law No 241/1990. With notes on time limits, access and exclusion clauses.
Read the article →The column · L'algoritmo e il provvedimento · 2 August 2026
Transparency on chatbots and deepfakes, ACN supervision and penalties from today; high risk postponed to 2 December 2027 by the Digital Omnibus (Regulation (EU) 2026/1744). The map for businesses, professionals and individuals.
Read the article →A working hypothesis · Planning
CGA judgment No 13/2018 and a hypothesis it falls to the Public Prosecutor to verify: absent a plan variant, the final judgment would stand violated. Nullity, compliance proceedings, white zones.
Read the article →Decision of the week · Landscape and state property
Sicilian CGA, twin judgments Nos 328 and 354/2026: favourable opinions on the marina extension annulled. Full reasons required even for consent, generic prescriptions void of content, proof of reversibility for the ancient pier.
Read the article →Decision of the week · Ports and state property
TAR Catania, Third Chamber, judgments of 13 July 2026, nos. 2058, 2060, 2062 and 2063: the Plan is null for absolute lack of competence where it covers areas outside the Port Authority's boundaries. With notes on nullity and procedural standing.
Read the article →Decision of the week · Antitrust
Council of State, Sixth Chamber, order of 30 June 2026, no. 5167: a constitutionality question on the disapplication of the 90-day time limit under Article 14 of Law 689/1981, imposed by the Court of Justice.
Read the article →Decision of the week · Procurement
Council of State, Fifth Chamber, judgment of 12 June 2026, no. 4753: clear tender clauses apply to the letter, procedural assistance cannot amend the bid, and the result principle does not override the lex specialis.
Read the article →Decision of the week · Landscape
Council of State, Sixth Chamber, judgment of 12 June 2026, no. 4729: the report must represent the entire context, including nearby cultural heritage. With notes on associations’ standing and time limits.
Read the article →Decision of the week · Public procurement · 13 July 2026
Where the project manager's reply denies price compensation, it is a decision in its own right: the time limit runs from that note, not from a later act.
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