Unlawful to exclude a bidder for suing the contracting authority

The Regional Administrative Court of Puglia, Lecce division, confirms the principle that exclusion grounds must be strictly limited by law

The caseIn 2024, a municipality in the Province of Lecce launched a negotiated procedure for the award of cemetery services for the three-year period 2025–2027.After receiving expressions of interest from seven companies, the municipality invited them to take part in the procedure by means of a Request for Offer through the MePA platform, with the contract to be awarded on the basis of the lowest price.However, the award was subsequently annulled by the municipality under its self-review powers due to legality issues.The successful bidder challenged the annulment and, while the proceedings were pending, the municipality launched a new tender procedure, introducing into the tender rules an exclusion clause targeting economic operators involved in litigation with the authority.The Regional Administrative Court of Puglia, Lecce division, upheld the appeal with judgment no. 1256/2025 for the reasons set out below. The decisionThe exclusion clause included in the tender documentation, under which operators involved in administrative, tax or civil litigation with the municipality were not allowed to participate, was found to be inconsistent with the general principles of competition and broad participation in public tenders. It was also in direct conflict with the economic operator’s right to take legal action, as protected under Articles 24 and 113 of the Italian Constitution.This principle is further reinforced by the Remedies Directive 2007/66/EC, the 2014 Public Procurement Directives and the corresponding implementing provisions under Legislative Decree no. 36/2023.In public procurement, the ruling therefore confirms the principle that exclusion grounds must be strictly limited to those provided for by law. In particular, it confirms the unlawfulness of clauses that prevent economic operators from participating in tender procedures solely because of pending litigation with the contracting authority. For further information:- Regional Administrative Court of Puglia, Lecce division, judgment no. 1256/2025.