In 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 decision

The 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.

Hosted at Eseb, the Assembly brought together institutions, companies and construction industry stakeholders to discuss the housing crisis and the need for long-term structural policies. In his opening speech, ANCE Brescia President Massimo Angelo Deldossi described housing as “a national systemic issue”, highlighting the strategic importance of cooperation between the public and private sectors. Economist Carlo Cottarelli also addressed the audience, stressing how rising property costs and growing barriers to home access require sustainable solutions and more effective governance models.

This evolving landscape is also reshaping the role of construction companies, which are now required to manage increasing operational, environmental and regulatory complexity. As a result, risk management is becoming a key strategic factor throughout the entire project lifecycle.

Verlingue supports construction businesses with dedicated insurance and risk management solutions, including:

- Third-party and employers’ liability insurance
- Contractors’ All Risks (CAR) and Post-Completion Decennial Liability cover
- All Risks cover for site equipment and machinery
- Surety bonds and guarantees
- Environmental liability insurance
- Business travel insurance solutions
- Fleet insurance programmes
Digital transformation, sustainability and changing housing needs are redefining the construction sector. In this context, risk management plays a central role in supporting businesses and local communities in building more resilient and sustainable development models.

As a result, where a contracting authority does not hold the required qualification, it must rely, for above-threshold procedures, on central purchasing bodies or other qualified entities included in the ANAC register.

The purpose of the new qualification system, as outlined in Articles 62 and 63 of the Public Contracts Code, is to ensure greater efficiency, professionalisation and rationalisation in public procurement.

The Italian Ministry of Infrastructure and Transport has recently addressed an interpretative issue: where a procedure is entrusted by a non-qualified authority to a central purchasing body, can the market survey be published and carried out by the non-qualified authority itself?

The question fits within the framework developed by administrative case law, which qualifies expressions of interest as a pre-tender phase with a purely exploratory purpose.

With opinion no. 4184 of 21 April 2026, the Ministry provided a clear answer: in the absence of the required qualification, the entire procedure, from the market survey through to the award, must be managed exclusively by the qualified entity.

It follows that no fragmentation of the procedure is permitted, as all stages, including preliminary phases, require the involvement of qualified entities.

For further information:

· Opinion no. 4184 of 21 April 2026 – Italian Ministry of Infrastructure and Transport;
· Articles 62 and 63, Annex II.4, Legislative Decree no. 36/2023

Verlingue is a Corporate Partner of Enactus Italia, an organisation that promotes entrepreneurial projects developed by university students with a strong social and environmental impact. Through the involvement of companies, partners and universities, Enactus Italy works to nurture a new generation of socially conscious leaders capable of turning innovative ideas into practical solutions for communities and local areas.

Partners within the network play a key role in supporting the organisation’s mission and in developing initiatives focused on sustainability, social inclusion, youth entrepreneurship and social impact innovation. In this context, Verlingue took part in the Enactus Italia National Competition 2026, held on 19 and 20 May 2026 in Reggio Emilia at the Centro Internazionale Loris Malaguzzi.

“Verlingue has been a partner of Enactus for three years now, and we are truly proud of this,” said Rossella Carapezzi, Head of Communications and Quality at Verlingue. “Every year, we see young people turning ideas into tangible change. We believe in them – in their energy, their creativity and their ability to make a difference. We care deeply about learning and growth. That is why our parent company established the Adelaide University Academy, to help people develop their skills and realise their potential.”

The event provided an opportunity for students, companies and partners to come together and share projects and ideas aimed at delivering concrete responses to future challenges.

For Verlingue, supporting initiatives such as Enactus Italy means contributing to the development of models based on responsibility, innovation and sustainable growth, while encouraging dialogue between businesses and younger generations.