The case

On 9 September 2025, a municipality in Calabria published a prior market consultation notice, as a preliminary step to launching a negotiated procedure (Article 50(b) of Legislative Decree No. 36/2023), for the award of a school catering service covering nursery, primary and lower secondary schools.

Four economic operators responded to the notice. However, one of them—without any explanation—was not subsequently invited to submit a tender.

The excluded operator challenged the award decision, and the claim was upheld on the following grounds.

Grounds for the decision

Article 50, read in conjunction with Annex I.1 of Legislative Decree No. 36/2023, provides that in the case of a direct award (i.e. awarding a contract without a formal tender procedure), the contracting authority retains discretion in selecting the contractor, even where several economic operators have been consulted in advance.

However, this discretion is not unfettered. It must comply with the general principles set out in Law No. 241/1990, including transparency, publicity, and—crucially—the obligation to state reasons for administrative decisions, a principle also rooted in constitutional law.

It follows that a direct award which fails to explain why an operator, despite having expressed interest, was not invited to submit a bid is unlawful, as it breaches the duty to provide reasons established under Law No. 241/1990.

For further details:

- TAR Calabria, Judgment No. 74/2026;

- Article 50 and Annex I.1 of Legislative Decree No. 36/2023;

- Articles 1 et seq., Law No. 241/1990.

Conversely, paragraph 5 allows access to such confidential information where it is strictly necessary for the purposes of legal defence in relation to the procurement procedure (the so-called “automatic defensive access right”).

The European Commission’s position

The European Commission has launched infringement proceedings against Italy, arguing that granting automatic precedence to defensive access conflicts with Article 21 of Directive 2014/24/EU. This provision rules out national frameworks that allow unconditional access to technical or commercial secrets solely to ensure judicial protection (Order of 10 June 2025, Case C-686/2024, Court of Justice of the European Union).

Accordingly, domestic legislation cannot establish an automatic priority for the effectiveness of judicial protection. Instead, it must ensure a proportionate balancing of the interests involved, failing which it risks breaching both the principle of proportionality and the effective protection of confidential information.

Italian case law aligns

More recently, the Council of State, in judgment No. 10036/2025, clarified that defensive access to confidential information does not automatically override confidentiality concerns. Even where a request is made for defence purposes, public authorities are required to balance the right to judicial protection against the need to safeguard technical and commercial secrets.

For further details:

- Council of State, Judgment No. 10036/2025;

- Article 35, Legislative Decree No. 36/2023;

- Article 21 of Directive 2014/24/EU;

·       Order of 10 June 2025, Case C-686/2024, Court of Justice of the European Union.

At the heart of the issue remains the fact that the cost is to be borne entirely by the individual employee. This stems from the prohibition set out in Law No. 244/2007, which prevents public entities from insuring their officials against risks arising from the performance of their institutional duties, including liability for damage caused to the State.

What will happen in 2026?

With the postponement, the Government intends to carry out a comprehensive review of the framework, aiming to make the insurance requirement more sustainable while preserving the core objective of the reform: safeguarding public finances and ensuring responsible, transparent management of public resources.

As a result, 2026 will serve as a transitional year. Public administrations will be able to assess the impact of the reform, revise internal procedures, update delegated responsibilities, and work towards a system that, by 2027, can be implemented in a clearer, more coherent way that properly reflects the complexity of administrative action.

The new deadline also creates an opportunity to shape a more balanced regulatory framework, capable of combining legal certainty, economic sustainability, and the operational continuity of public administration.

For further details:
Decree-Law No. 200 of 31 December 2025, converted into Law No. 26/2026;
Law No. 244/2007.

"In a market that is still being affected by geopolitical tensions, and sluggish economic growth, our progress confirms the strength of our model and the confidence of our clients. All the indicators are giving us the green light to accelerate our development," says Gilles Bénéplanc, Deputy CEO of the Adelaïde Group.

Growth driven by the entire insurance-brokerage value chain

In 2025, our insurance brokerage Group continues its expansion into insurance consulting, intermediation, management, distribution and services.

This development drive also resulted in several external growth initiatives, notably:

the acquisition of EBCam by Verlingue in the UK, consolidating the Group’s Social Protection division;
the continued acquisition of business portfolios and commercial talents in Italy;
the increase in Adelaïde’s stake in Angelus Courtage, in which the Group is now the majority shareholder;
and the acquisition of a stake in Antoma Courtage, alongside Thomas Castaignède and Antoine Dupont, to support a co-brokerage model backed by Verlingue’s expertise, combining a personal touch with close customer relations.
Verlingue and Angelus Courtage: a consolidated position in the field of insurance consulting and brokerage, with 9.5% growth representing a total turnover of €344 M

The consulting and brokerage activities, driven by Verlingue and Angelus Courtage, both ranked among the top 20 brokers in France, confirmed their strong positions in the Property and Casualty insurance market, which has seen prices stabilise after several years of sharp increases. In this demanding environment, the Group managed to maintain dynamic sales development whilst retaining a high level of customer loyalty, demonstrating the effectiveness of a model based on advice, local service and long-term support.

In 2025, Verlingue posted turnover of €323 M, an increase of 3%, with 37% generated internationally. The year also marked the arrival of Vincent Harel, and more recently by Nicolas Naftalski, as part of a new organisational structure designed to support the brokerage's next phase of development, which has translated into the company being re-structured into three divisions: Verlingue Entreprise, devoted to the business markets in France; the Specialties & Affinities division, which groups together the teams from Verlingue Immobilier (Real-estate), Eyssautier-Verlingue and the Credit Insurance business; and Verlingue International, made up of the international subsidiaries operating in the UK, Switzerland, Italy and Portugal.

At the same time, Angelus Courtage, a recognised player in specialised insurance brokerage, continued to grow, with a turnover of €21 M, an increase of 30%.

Génération: sustained growth

Génération confirmed its dynamic organic growth with a turnover of €134 M, an increase of 10%. This performance was driven by the strong development of its individual and collective healthcare and life insurance businesses.

In 2025, the company managed 2.8 million health insurance policyholders and 1.3 million employees covered by life insurance policies. It paid out €1.9 billion in benefits, highlighting the scale and robustness of its operational model.

To support this expansion, the company continued to strengthen its operational structure by opening new sites in France (Caen) and Portugal (Coimbra), bringing the total number of Génération's offices to six.

Cocoon et Dune: acceleration of the distribution and underwriting activities, with 20% growth representing a total turnover of €17 M

Our insurance distribution and underwriting activities also continued to grow.

Cocoon, the broker specialising in insurance distribution for private individuals, posted €14 M in turnover, an increase of 10%, driven in particular by the growth of its business in individual health insurance for people leaving group schemes.

Dune, the Group’s underwriting agency specialising in construction risks, confirmed its dynamic development with revenues of €3 M, up 50%. The year was marked by the arrival of new strategic partners, the diversification of risk carriers and the launch of a new digital underwriting platform.

Confirmation of its European objective

The Group remains fully committed to implementing its Better Future 28 strategic plan, which aims to make Adelaïde the leading independent, family-run insurance brokerage group in Europe.

"Our objective remains unchanged: to build a leading and independent European group by leveraging the strength of our business model, the quality of our teams and a structured, sustainable growth strategy,” says Benjamin Verlingue, Chairman and Chief Executive Officer of the Adelaïde Group.

About Adelaïde

The Adelaïde Group is specialised in insurance consulting, brokerage, distribution and management. The Group is one of France's leading insurance brokers, with five successful businesses: Verlingue, Génération, Cocoon, Dune and Angelus. Organic growth, strategic acquisitions, international expansion and digital transformation are the Group’s four priorities for achieving its objective of building a major family-owned and independent insurance brokerage group with a European reach.

3,100 employees

€5.1 billion in premiums negotiated

2.8 million policyholders with health cover and 1.3 million with life insurance cover

Present in 5 countries: France, UK, Switzerland, Portugal, Italy

www.adelaidegroup.fr

- Suspend all travel to the affected areas and consult the recommendations of the Ministry of Foreign Affairs and International Cooperation (https://www.esteri.it/en/)

- Maintain continuous contact with employees already on site.

- Ensure all travellers have access to Assistance contact numbers.

In all cases, it is strongly advised to register on the Viaggiare Sicuri (https://www.viaggiaresicuri.it/home) platform and  make yourself known to your embassy.

Strengthened mobilisation of Business Travel Assistance services

The medical and security assistance teams remain fully mobilised, in line with the guarantees provided under Business Travel insurance policies.

Their support includes:

- 24/7 information and security monitoring of the evolving situation

- assistance in organising early returns or rerouting to avoid high‑risk areas

- medical and security support, including coordination with local partners

- dedicated logistical assistance for employees currently in the region

Reminder: the assistance provider is bound by a duty of means, not a duty of result, particularly in conflict situations. This means they commit all necessary resources and actions to support your employees, without being able to guarantee outcomes in conflict zones.

2. Operational points of attention for businesses and international teams

(based on Crisis24 and information shared by embassies – Verlingue relays these recommendations)

Priorities for employees travelling in the region

- Immediately identify employees present in the affected countries (UAE, Qatar, Bahrain, Kuwait, Iraq, Israel).

→ Set up regular check‑ins with escalation procedures in case of no response.

- Suspend all non‑essential travel.

- Consider transit through Gulf hubs as high‑risk in terms of disruption.

→ Keep employees in secure accommodation until exit routes are confirmed.

- Avoid accommodation close to sensitive infrastructure.

- Update air contingency plans (alternative routes, management of stranded travellers, extended accommodation).

Business continuity measures for expatriates and local teams

- Activate business continuity plans (remote working, limited movements, revised security protocols).

- Strengthen shelter‑in‑place capabilities for 72 hours.

- Inform headquarters of escalation thresholds: intensification of strikes, activation of affiliated armed groups, damage to critical infrastructure, additional airspace closures.

- Reminders issued by embassies

Embassies, including the Italian Embassy, urge vigilance and warn against unverified offers of assistance or evacuation.

3. Insurance impacts: current developments in the Marine & Transport market

The current situation directly affects maritime operations. The market is reacting cautiously given the scale of exposures in the region.

Expected developments in Cargo insurance cover

Insurers are seeking to reduce their exposure, with updates to CESAM lists and the JCC Global Cargo Watch List.

Recent decisions by P&I Clubs

Most Clubs have issued Notices of Cancellation (NOC) on non‑mutualised covers (fixed‑premium P&I, Charterers’ Liability).

Once the notice periods expire:

- navigation in the Persian Gulf/Arabian Gulf and Iranian waters will be excluded from automatic “war risks” cover;

- buy‑back solutions are being examined for a potential reopening of the Strait of Hormuz and for vessels currently in the area.

Existing exclusions for Hull & Machinery

The Persian Gulf and a broader surrounding area are already excluded from automatic cover under JWLA zones, with an extension to adjacent zones effective 04/03/2026.

Our teams remain mobilised to support you.

In a rapidly evolving context, our experts are here to support you in analysing your exposures, adapting your risk management arrangements, and understanding the impact on your insurance cover and the protection of your employees.

The case

On 13 May 2007, at approximately 4:20 pm, a motorcyclist lost control of his vehicle while travelling along a former state road owned by the Province. As he exited a bend, he encountered gravel on the road surface and fell.

The accident resulted in serious personal injuries. The rider brought proceedings against the Province, seeking compensation for both financial and non-financial losses.

Following the evidentiary phase, the Court of Avellino upheld the claim and ordered the Province to pay €25,422 in damages. The Province appealed, and the Court of Appeal of Naples overturned the first-instance judgment in full, ruling out the authority’s liability.

With judgment no. 26061/2025, the Supreme Court upheld the appellate decision.

Grounds of the decision

According to the Court, liability in tort under Article 2043 of the Italian Civil Code did not arise. Contrary to the claimant’s argument, the stretch of road where the accident occurred was straight, fully visible and equipped with appropriate signage warning users of potentially reduced grip.

Any surface irregularities, including the presence of gravel, were considered foreseeable and avoidable through the exercise of ordinary care, given the clear visibility of the area.

The Court also excluded liability for damage caused by property in custody under Article 2051 of the Civil Code. In this case, the causal link between the asset under custody (the road) and the damage claimed by the rider was deemed to have been broken. The road was straight, wide and clearly visible, and the accident occurred in broad daylight at 4:20 pm.

For further details:

Supreme Court, judgment no. 26061/2025
Article 2043, Italian Civil Code
Article 2051, Italian Civil Code

These thresholds are updated every two years (on 1 January of even-numbered years) according to a mathematical formula laid down in the EU Directives. The mechanism is based on economic indicators and price trends, with the aim of maintaining alignment across national markets within the European Union.

Under the Commission Delegated Regulation of 22 October 2025 – applicable from 1 January 2026 – the European Commission has established the following adjustments:

1. For works contracts, the threshold decreases from €5,538,000 to €5,404,000. This slight reduction reflects the ongoing trend of aligning limits with actual international market values.

2. For supplies and services, the threshold is reduced from €143,000 to €140,000. While the change is marginal, it remains relevant for municipalities, provinces, regions and metropolitan cities when structuring tender procedures.

3. For social and other specific services, the threshold falls from €221,000 to €216,000, applying to a broad range of services subject to a lighter procedural regime than standard public contracts.

The adjustments are minimal and do not introduce substantial operational changes for contracting authorities. The overall framework therefore remains unchanged – a framework many operators still regard as complex, particularly given the obligation to adopt more structured procedures when the threshold is exceeded, even by a small margin.

Looking ahead, 2026 may prove to be a turning point, with new EU procurement directives expected to be published. These could pave the way for a revised Public Contracts Code and a potential overhaul of the threshold calculation mechanism, which is currently perceived as lacking flexibility.

Until then, contracting authorities will continue to operate within the existing regulatory framework, with no significant simplification of procedures in sight.

For further details:
European Commission Delegated Regulation of 22 October 2025.

The first major change concerns the formal definition of “serious misconduct”. Under the new framework, serious misconduct arises from:

- a manifest breach of applicable legal provisions;

- a clear misrepresentation of facts or statements that are plainly inconsistent with the official records of the proceedings.

This marks a significant shift from the past, when the scope of serious misconduct was broader and not expressly codified.

Serious misconduct does not apply where a public official acts in accordance with established case law or opinions issued by competent authorities. Based on the wording of the law, this exemption should cover compliance with rulings of the Council of State and guidance issued by ANAC or the State Attorney’s Office.

For holders of political office, a presumption of good faith (unless proven otherwise) applies where decisions taken within their remit have been proposed, endorsed or signed off by the heads of technical or administrative departments.

Another key development is the introduction of a quantitative cap on liability for financial loss: a public employee may be required to compensate no more than 30% of the assessed damage and, in any event, not more than twice the gross annual salary received in the year when the harmful conduct began. This measure is designed to prevent disproportionate personal exposure and to safeguard confidence in public administration.

The most significant innovation, however, is the mandatory insurance requirement for serious misconduct for all individuals managing public resources who fall within the jurisdiction of the Court of Auditors. Pending further government clarification, the obligation is expected to apply broadly to those involved in expenditure procedures, procurement, authorisations or activities with financial implications for public bodies.

From a procedural standpoint, the law also provides that the insurer granting cover for serious misconduct becomes a necessary party to proceedings before the Court of Auditors. This mandatory involvement may increase administrative and defence costs for insurers, potentially leading to technical tariff adjustments and higher premiums for serious misconduct policies, both for new contracts and renewals.

Verlingue provides structured insurance solutions to protect individuals in positions of responsibility. We deliver tailored financial protection and specialist support in administrative and criminal liability, safeguarding professionals against risks arising from decisions and actions taken in the course of their duties within this evolving regulatory landscape. Our approach combines protection, advisory and prevention, ensuring operational continuity and peace of mind, even in complex situations.